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West Virginia insurance laws

Insurance regulations, rate filing requirements, department info, and recent bulletins for West Virginia. Updated May 7, 2026.

1 new regulatory update detected

West Virginia DOI page content changed

West Virginia DOI Website · May 14, 2026

Department of Insurance

DepartmentWest Virginia Offices of the Insurance Commissioner
CommissionerAllan L. McVey
Rate Filing SystemPrior Approval
Regulatory CodeWV Code §§ 33-1-9601
Overview

West Virginia's insurance regulatory environment is governed by the West Virginia Code, which outlines the requirements for various types of insurance including auto, health, life, homeowners, and workers' compensation. The state employs a prior approval system for rate filings, ensuring that insurers obtain approval before implementing new rates.

Auto Insurance

Min Pd$20,000
Pip Min$5,000
StatuteWV Code § 33-6-1 et seq.
Fault SystemFault
Min Bi Per Person$25,000
Uninsured Penalty$500
Min Bi Per Accident$50,000
Sr22 Duration Years3
Noncompliance PenaltyFines up to $10,000 and license suspension for insurers.
Rate Filing RequirementPrior Approval for increases over 10%.
Avg Full Coverage Premium$1,200

Notable Laws

  • W.Va. Code § 33-6-31 - Uninsured and underinsured motorist coverage required at minimum $25,000/$50,000
  • W.Va. Code § 17D-2A-3 - Required security and minimum insurance coverage of $25,000/$50,000/$25,000
  • W.Va. Code § 33-6-31D - Optional higher limits of UM/UIM coverage must be offered to insureds
  • W.Va. Code § 17D-2A-4 - Certificate of insurance requirements for proof of financial responsibility
  • W.Va. Code § 33-6-31B - Anti-discrimination in setting auto insurance rates for uninsured motorist coverage
  • WV Code § 33-6-31 - Uninsured Motorist Coverage
  • WV Code § 17D-4-1 - Financial Responsibility Law
  • WV Code § 33-6-31a - Underinsured Motorist Coverage
  • WV Code § 33-6-31b - Coverage for Rental Vehicles
  • WV Code § 33-6-31c - Coverage for Towing and Labor Costs

Homeowners Insurance

StatuteWV Code § 33-17-1 et seq.
Wind PoolWest Virginia Wind Pool
Fair Plan NameWest Virginia Fair Plan
Noncompliance PenaltyFines and potential revocation of license for insurers.
Rate Filing RequirementFile & Use for homeowners insurance.

Notable Laws

  • W.Va. Code § 33-17A-4a - Nonrenewal permitted for any reason consistent with underwriting standards
  • W.Va. Code § 33-17A-5 - 30-day written notice required for cancellation after 60 days coverage
  • W.Va. Code § 33-6B-3 - Cancellation or nonrenewal based solely on adverse credit score prohibited
  • W.Va. Code § 33-49 - Flood insurance disclosure requirements and coverage standards
  • W.Va. Code § 33-20 - Rate filing and form approval requirements for property insurance
  • WV Code § 33-17-1 - Homeowners Insurance Coverage Requirements
  • WV Code § 33-17-2 - Fair Plan Coverage
  • WV Code § 33-17-3 - Cancellation and Nonrenewal
  • WV Code § 33-17-4 - Credit Scoring Regulations
  • WV Code § 33-17-5 - Flood Insurance Requirements

Recent Bulletins

Prescription Drug Rebate Impact to Commercial Health Insurance Plans

#26-012026-01-15

Provides information on effects of prescription drug rebate law on health insurance rates as reported by commercial health insurers, implementing HB 2263 point-of-sale rebate requirements

View bulletin

2025 WV Health Insurance Marketplace Data

#25-042025-11-01

Provides data on West Virginia health insurance marketplace enrollment and rates for 2026 plan year

View bulletin

Summary of 2025 Legislation

#25-032025-05-05

Summarizes significant insurance legislation enacted during 2025 Regular Session including insurance holding company systems, prior authorizations, reporting requirements, and PTSD claims

View bulletin

Use of Aerial Imagery by Homeowners Insurers

#25-022025-03-15

Provides guidance on homeowners insurers use of aerial imagery and drone technology for underwriting and claims purposes

View bulletin

Artificial Intelligence Systems

#24-062024-08-09

Addresses use of artificial intelligence systems by insurers for underwriting, pricing, and claims decisions

View bulletin

Recent Law Changes

SB 8002025Commercial

Insurance Holding Company Systems

Establishes group capital calculation filing requirements and liquidity stress test reporting for insurance holding company systems to align with NAIC model act

Requires insurers in holding company systems to file additional financial data for regulatory oversight

Effective: 2026-01-01

SB 8332025Health

Prior Authorizations for Medical Care

Permits insurers to require prior authorization for prescription drugs regardless of gold card exemption status

Health care practitioners with gold card exemptions remain subject to prior authorization for pharmaceuticals

Effective: 2025-04-11

SB 8562025Workers Compensation

Reporting Requirements

Repeals or modifies various insurance reporting requirements including workers compensation and flood insurance notices

Reduces reporting burden on Insurance Commissioner and employers while maintaining flood insurance notification online

Effective: 2025-07-11

HB 27972025Workers Compensation

Post Traumatic Stress Disorder Claims

Expands list of professionals who may diagnose PTSD for first responder workers compensation claims to include certified mental health nurse practitioners and psychiatric physician assistants

First responders have more access to PTSD diagnosis from qualified mental health professionals

Effective: 2025-07-11

HB 22632021Health

Pharmacy Audit Integrity Act Updates

Updated regulation of pharmacy benefit managers including point-of-sale prescription drug rebate pass-through requirements to reduce consumer cost sharing

Health insurers must pass rebates through to consumers at point of sale to reduce prescription drug costs

Effective: 2022-01-01

Health Insurance

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Life Insurance

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Workers Compensation

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Commercial Insurance

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