Home › FAIR plans › West Virginia FAIR Plan

FAIR plan · West Virginia

West Virginia FAIR Plan

Checked against official sources · Last reviewed October 13, 2026

What the West Virginia FAIR Plan is

West Virginia law (W. Va. Code 33-20A, from Senate Bill 565 of 1986) directed the Insurance Commissioner to set up the West Virginia essential insurance association "to make fire and extended coverage insurance available to any person having an insurable interest in habitational or commercial property situated in this state who is equitably entitled to but unable to secure such insurance in the voluntary insurance market." Every insurer writing those kinds of insurance in the state must participate.

The plan began operating November 1, 1986. It is an association of the property insurers doing business in West Virginia, and "No Federal, State, or local funds are used to support or subsidize this Plan." A Board of Directors appointed by the Insurance Commissioner runs it. Its office is in Philadelphia, and its 2025 annual meeting report says it operates "with the full support and staffing of the Insurance Placement Facility of Pennsylvania."

We are not the West Virginia FAIR Plan and are not affiliated with it. This page summarizes the plan's published rules; the plan and your agent make the decisions. [1][6][10][11]

Who is eligible

Any person or entity "having an insurable interest in any real or personal property which has a fixed location in this state may apply." Mobile homes count as being at a fixed location if they are tied down, underpinned or on a masonry foundation, or the wheels are removed.

You can be turned down if you have been convicted of, or face an outstanding indictment for, arson or insurance fraud; if your claim history is "so statistically aberrant as to reasonably suggest that additional claims are likely"; if your application contains misrepresentations; or if you won't allow an inspection.

Property the plan won't insure includes farms, motor vehicles, buildings vacant or unoccupied for more than 30 days unless boarded up (with exceptions, such as homes under active renovation or listed for sale for up to a year), badly dilapidated or substantially damaged buildings, buildings in danger of collapse, property with current code violations, and property with real estate taxes unpaid for a year after they were first due.

Condition matters. Properties must be "reasonably well maintained with windows and doors intact and electrical wiring in good condition." An inspection can lead the plan to decline, restrict coverage, or add a condition charge; it may give you time to fix problems.

If you are found ineligible, the plan must tell you in writing why and explain your right to appeal. [7][12][13]

What it covers and what it doesn't

- Homes (habitational property): a simplified policy based on the basic dwelling form (DP-00 01) covering fire and extended coverage perils, except volcanic eruption. "Vandalism coverage is not provided." - Not covered: "Coverage against loss caused by other perils, or for time element or indirect loss is NOT provided by the Plan." The plan's coverage description covers direct loss to property and does not mention liability coverage; confirm with the plan or your agent. - Mine subsidence: included up to $200,000 or the amount of fire insurance, whichever is less. It is mandatory unless you sign the waiver, except in 15 counties, including Berkeley, Cabell, Jefferson and Wood. - Actual cash value: losses are paid at actual cash value (replacement cost minus depreciation), and the plan says its policies are not subject to West Virginia's valued policy law. - Flood is not covered; see our sister site FloodHawk.

Maximum limits for homes:

For a home bought within six months of applying, an owner-occupied home can be insured for no more than 110% of the recent purchase price unless you document renovation spending. For homes, the same rules section also caps the total at any one location at $200,000 for building and contents (not counting mine subsidence). Its opening paragraph gives a separate $1,750,000 cap on all insurable property at any one location; that larger figure does not raise the $150,000 dwelling limit. Confirm the limit for your property with the plan.

All policies are written for one year. The plan may apply higher deductibles where conditions warrant. [3][8][9]

How to apply

1. Work with a licensed agent or broker. "An application must be filed on behalf of the applicant by a producer (licensed property insurance agent or broker)." 2. Photos. Two photos must show the front and rear of the building. Applications without them "will not be processed." 3. Signatures. You must sign the application personally, with a witness, and the agent must sign too. Use form WVFP 4/ACORD 64, or apply electronically through the plan's online services (not available on mobile devices). 4. Premium. Coverage starts at noon (Eastern) on the day the plan receives your premium, if the property appears eligible; the plan then confirms eligibility. Vacant properties, estates, properties in bankruptcy and others needing an inspection first are not eligible for this immediate coverage. Minimum premium is $75 for a dwelling policy. 5. Extra form if the property is fully or partly vacant: Supplementary Questionnaire PDWV-25/ACORD 65. [2][5][13][14]

Paying, claims and renewals

- Pay by check or money order, or by credit card or bank transfer through the plan's online services. Make checks payable to "The WV FAIR Plan." We found no separate policyholder login on the plan's site. - Claims: report promptly on ACORD Property Loss Notice Form 1 by mail or fax, or through the website. For an emergency (home uninhabitable, in danger of collapse or further damage, or under a demolition order), call (215) 629-8800. Claim payments normally go to your agent to pass on to you. - Renewals: the plan mails a "Notice of Premium Due." If no new policy is issued within 10 days after expiration, it mails a "Final Notice." You can ask to reinstate within 30 days after expiration if the policy meets underwriting rules and you pay and send a no-loss letter. [4][5][14][15][16]

If the plan cancels or turns you down: appeals

The plan must give at least 30 days' written notice before cancelling or not renewing, or at least 5 days for listed conditions such as abandonment, unpaid utilities, unrepaired fire damage, code violations or arson concerns. For most short-notice cancellations, the notice must give the reasons and your right to ask the Insurance Department to review it.

To appeal an underwriting decision, write to the plan "within fifteen (15) days after any ruling," explaining why. You can then appeal to the West Virginia Offices of the Insurance Commissioner, 900 Pennsylvania Avenue, Charleston, WV 25302, within 10 days of the plan's decision. [17][18]

Size and finances

- 2024: 303 policies issued (up 13.06% from 2023), earned premium of $241,575, 11 losses totaling $173,751.27, an underwriting loss of $106,591.72, and new applications up 228.13%. - First half of 2026: $120,366 in premiums written; members' equity of $511,320.16 on June 30, 2026. - Assessments: by law, the plan may assess member insurers to cover its obligations, up to 5% of a member's net direct written premiums for the prior year. [11][19][20]

Getting back to a regular insurer

The plan says it "is not intended to replace normal markets," and state law tells the Commissioner and the association to "create minimum interference with the voluntary market." West Virginia law also bars an insurer from turning you down because you "previously obtained insurance coverage through a residual market insurance mechanism." [3][21][22]

Help

- West Virginia FAIR Plan customer service: (215) 629-8800, option 1, Monday-Friday 8 a.m.-4 p.m. Eastern; 190 N. Independence Mall West, Suite 301, Philadelphia, PA 19106-1554. - Complaints about an insurer or agent: West Virginia Offices of the Insurance Commissioner, (888) 879-9842 or Consumer Services. - West Virginia's rules if you were dropped: Homeowners Insurance in West Virginia. [1][4][23]

Questions people ask