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West Virginia insurance laws

Insurance regulations, rate filing requirements, department info, and recent bulletins for West Virginia. Updated Apr 1, 2026.

1 new regulatory update detected

West Virginia DOI page content changed

West Virginia DOI Website · Apr 11, 2026

Department of Insurance

DepartmentWest Virginia Offices of the Insurance Commissioner
CommissionerAllan L. McVey
Rate Filing SystemModified Prior Approval
Regulatory CodeW.Va. Code §§ 33-1-1 to 33-63-1
Overview

West Virginia employs a hybrid rate filing system: Prior Approval with 60-day waiting period for personal lines (auto, homeowners), File and Use for most commercial lines with 30-day review period, and exemptions for certain commercial risks over $25,000 annual premium. The state has a competitive workers compensation market since privatization, and operates a FAIR Plan for property insurance. The Insurance Commissioner actively regulates pharmacy benefit managers and has issued guidance on emerging technologies like AI and aerial imagery.

Auto Insurance

Min Pd$25,000
Pip MinN/A
StatuteW.Va. Code §§ 17D-2A-1 to 17D-2A-6, §§ 33-6-29 to 33-6-31
Fault SystemTort (at-fault)
Min Bi Per Person$25,000
Uninsured Penalty$200-$5,000 fine, 30-90 day license/registration suspension
Min Bi Per Accident$50,000
Sr22 Duration Years3
Noncompliance PenaltyInsurers violating rate regulations face fines up to $10,000; misstatements or fraudulent filings subject to license suspension or revocation per W.Va. Code § 33-2-13
Rate Filing RequirementFile and Use for commercial lines (30-day review); Prior Approval for personal auto with 60-day waiting period per W.Va. Code § 33-20-4
Avg Full Coverage Premium$2,162

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

Homeowners Insurance

StatuteW.Va. Code §§ 33-17A-1 to 33-17A-8, § 33-20-4
Wind PoolNo separate wind pool; wind/hail coverage included in FAIR Plan
Fair Plan NameWest Virginia Essential Property Insurance Association (FAIR Plan)
Noncompliance PenaltyInsurers violating cancellation/nonrenewal notice requirements subject to fines; unfair discrimination violations subject to corrective action per W.Va. Code § 33-2-13
Rate Filing RequirementPrior Approval with 60-day waiting period for casualty/fire/marine; File and Use for certain commercial property per W.Va. Code § 33-20-4

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

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

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