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West Virginia law

Insurance Disputes Laws in West Virginia.

West Virginia insurance is regulated by the Office of the Insurance Commissioner under Chapter 33 of the West Virginia Code. West Virginia was historically one of the most plaintiff-friendly jurisdictions for first-party insurance bad-faith claims, recognizing both common-law Hayseeds v. State Farm (1986) bad faith and a statutory private right of action under the Unfair Trade Practices Act (UTPA, W. Va. Code § 33-11) until 2005. In 2005 the legislature eliminated the private right of action under UTPA, leaving common-law bad faith as the principal remedy. West Virginia is a traditional tort (fault) auto-insurance state.

Last verified: 2026-04-20

State law

Key West Virginia Statutes

West Virginia Insurance CodeW. Va. Code ch. 33

West Virginia's principal insurance title — covering licensing, market conduct, rating, and policy requirements.

Unfair Trade Practices ActW. Va. Code § 33-11

West Virginia's UTPA — sets unfair-claims-settlement standards. 2005 legislation eliminated the private right of action; UTPA violations now primarily support administrative enforcement and common-law bad-faith claims.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in West Virginia.

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