The national basics guides cover the core P&C concepts: insurable interest, indemnity, negligence, actual cash value and replacement cost, and policy conditions. This guide collects the West Virginia rules that apply across property and casualty lines:

• the modified comparative fault rule
• insurable interest
• the standard fire policy and valued policy law
• suit limitation clauses
• rate regulation
• the guaranty association

Auto rules are in the West Virginia Personal Auto Policy guide, and homeowners cancellation rules are in the West Virginia Homeowners Policy guide. Residual markets, mine subsidence and surplus lines are in the West Virginia Other Casualty guide.

Comparative fault (W. Va. Code 55-7-13a to 55-7-13d)

• Fault includes negligence, malpractice, strict product liability, absolute liability and assumption of the risk (55-7-13b).
• A plaintiff is barred only if their fault is greater than the combined fault of all others. Otherwise damages are reduced by the plaintiff's share (55-7-13c(c)). A plaintiff 30% at fault with $10,000 of damages recovers $7,000. A plaintiff 60% at fault recovers nothing.
• Liability is several only: each defendant pays by its percentage of fault (55-7-13c(a)).
• Joint and several liability applies to concerted action, and to damages caused by driving under the influence, criminal conduct or illegal hazardous waste disposal (55-7-13c(h)).
• A motion to reallocate fault among the parties may be filed within one year after the judgment becomes final (55-7-13c(d)).

Insurable interest (33-6-3)

• Property insurance is enforceable only for people with an insurable interest.
• An insurable interest is any actual, lawful and substantial economic interest in the property.
• It is measured by how much the insured would be harmed by the loss.

Fire insurance (Article 17)

• Fire policies must conform to the 1943 New York standard fire policy, called the West Virginia standard fire policy (33-17-2).
  • Multiple-line policies are exempt if their fire coverage is at least as favorable and the Commissioner approves them.
  • Ocean marine and specially rated inland marine forms are excluded (33-17-8(b)).
• Valued policy law (33-17-9):
  • In a total loss of West Virginia real property, a fire insurer owes the whole amount of insurance on that property.
  • In a partial loss, it owes the full loss up to the amount of insurance.
  • The law doesn't apply when two or more insurers cover the same interest.
• Suit limitation: a policy condition limiting suits to less than two years from when the claim arose is void (one year for marine). This rule doesn't apply to the standard fire policy (33-6-14).

Kinds of insurance (33-1-10)

• Fire insurance covers loss to real or personal property from any hazard.
• Casualty includes burglary and theft, malpractice, boiler and machinery, and workers compensation.
• Fidelity is part of surety insurance.
• Federal flood insurance, including NFIP Write Your Own policies, covers flood and mudslide.

Forms and rates

• Personal lines forms are filed 60 days before use and are deemed approved if not acted on. Commercial forms are filed but used without prior approval (33-6-8).
• Rates may not be excessive, inadequate or unfairly discriminatory (33-20-3). Rating standards use at least seven territorial rate areas and at least five years of fire experience.
• Rate filings stay required for:
  • workers compensation
  • medical malpractice
  • nonfleet commercial auto liability on four or fewer vehicles
  • residual market plans and the Mine Subsidence Insurance Fund
• Commercial buyers with $25,000 or more in yearly commercial premium are exempt from rate filing for most coverages (33-20-4).

Claims (CSR 114-14)

Insurers acknowledge claims within 15 working days, make an offer or denial within 10 working days after investigating, and pay agreed claims within 15 working days. See the West Virginia Insurance Regulation guide.

Guaranty association (Article 26)

The West Virginia Insurance Guaranty Association pays covered claims of insolvent P&C insurers:

• $300,000 per claim
• unearned premium up to $10,000 per policy
• workers compensation benefits in full, with deliberate-intent claims capped at $300,000
• three accounts: automobile, workers compensation and all other
• annual assessments capped at 2% of net direct written premium

It doesn't cover:

• life, health, fidelity and surety, title, ocean marine or credit insurance
• punitive damages or interest
• first-party claims by insureds worth more than $25 million (except workers compensation)

A claimant must first use any other applicable policy. Lawsuits are stayed for six months so the association can defend.

Common exam traps

• West Virginia bars a plaintiff only when they are more at fault than all others combined. 50% still recovers.
• Liability is generally several only, but DUI and criminal conduct bring joint liability.
• West Virginia uses the 1943 New York standard fire policy and a valued policy law for total fire losses.
• A suit limitation shorter than two years is void, except in the standard fire policy.
• P&C guaranty coverage is $300,000 per claim, with $10,000 for unearned premium.