West Virginia Insurance Federation
c/o Dinsmore & Shohl, LLP
Jill C. Rice
P.O. Box 11887
Charleston, WV 25301
304.357.9929
jill.rice@dinsmore.com

West Virginia's Cancellation and Nonrenewal Laws


The West Virginia Legislature has enacted several laws that protect insurance consumers from improper policy cancelation. For example, once an automobile liability insurance policy has been in effect for sixty days, an insurer may not cancel the policy unless the reason for cancellation falls within an exception expressly granted by West Virginia Code Section 33-6A-1 and the insurer has provided the insured with thirty days’ notice of its intention to cancel.

Likewise, an insurer may not cancel a property insurance policy that has been in effect for sixty days unless the reason for cancellation falls within an exception expressly granted by West Virginia Code Section 33-17A-5 and the insurer has provided the insured with thirty days’ notice of its intention to cancel.

The West Virginia Legislature has also enacted several laws that protect insureds from improper policy nonrenewal. For example, West Virginia Code Section 33-6A-4a prohibits an insurer from nonrenewing an automobile insurance policy that has been in effect for two years or longer unless the reason for nonrenewal is consistent with the insurer’s underwriting standards, which must be approved by the Insurance Commissioner; the insured is provided with forty-five days’ notice of the insurer’s intention to nonrenew; and the notice of nonrenewal would not exceed one percent per year of the total number of policies of the insurer in force in the county where the nonrenew notice is issued.

Similarly, West Virginia Code Section 33-17A-4a prohibits an insurer from nonrenewing a property insurance policy that has been in effect for four years or longer unless the reason for nonrenewal is consistent with the insurer’s underwriting standards, the insured is provided with thirty days’ notice of the insurers intention to nonrenew, and the notice of nonrenewal would not exceed one percent per year of the total number of policies of the insurer in force in the county where the nonrenew notice is issued.

As they currently stand, West Virginia’s cancellation and nonrenewal laws afford insurance consumers great protections. Enacting additional cancellation or nonrenewal laws would be disadvantageous to insurance consumers because insurance premiums will likely rise.

West Virginia Legislature

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