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Home » US Law » 2022 West Virginia Code » Chapter 33. Insurance » Article 49. Flood Insurance

§33-49-1. Legislative Findings

(a) The Legislature finds that: (1) The National Flood Insurance Program is a federal program that enables property owners in participating communities to purchase flood insurance. A community participates in the federal program by adopting and enforcing flood plain management regulations that meet or exceed federal flood plain management criteria designed to reduce future flood […]

§33-49-10. Rule-Making Authority

(a) The commissioner may propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this article, including but not limited to: (1) Establishing and refining definitions;

§33-49-2. Definitions

(a) As used in this article, the term "flood" means a general and temporary condition of partial or complete inundation of two acres or more of normally dry land area or of two or more properties, at least one of which is the policyholder's property, from: (1) Overflow of waters;

§33-49-3. Issuance of Flood Insurance

(a) Subject to the requirements of this article, an insurer may issue an insurance policy, contract or endorsement providing coverage for the peril of flood on any structure or on the contents of personal property on a form that has been filed with and approved by the commissioner pursuant to section eight, article six of […]

§33-49-4. Content of Flood Insurance

(a) At a minimum, coverage for the peril of flood must cover a flood as defined in this article. Coverage for the peril of flood may also include water intrusion, as defined by the policy, which originates from outside the structure and is not otherwise covered under the definition of flood. (b) An insurer may […]

§33-49-5. Notice of Availability and Limits of Flood Insurance

(a) A policy, endorsement or contract providing coverage for the peril of flood must provide notice that flood insurance coverage is available from the National Flood Insurance Program. (b) Any limitations on flood coverage or policy limits as to the peril of flood, including, but not limited to, flood deductibles or flood coverage limited to […]

§33-49-6. Notice of Cancellation or Nonrenewal

A policy, endorsement or contract providing coverage for the peril of flood must require the insurer to give 45-days' prior written notice of cancellation or nonrenewal to the insured and any regulated lending institution or federal agency that is a mortgagee. An insurer or insured may cancel during the term of the policy or upon […]

§33-49-7. Additional Requirements

(a) In addition to any other applicable requirements, an insurer providing flood coverage in this state must: (1) Notify the office at least thirty days before writing flood insurance in this state; and

§33-49-9. Federal Law Requiring Certification

If federal law or rule requires a certification by a state insurance regulatory official as a condition of qualifying for private flood insurance or disaster assistance, the commissioner shall provide the certification, and the certification is not subject to review under section fourteen, article two of this chapter.