West Virginia Mine Subsidence Insurance Rules : Mortgage & Home Loan

Many borrowers want to know whether West Virginia home insurance covers mine subsidence. They are concerned that a coverage gap may shape their West Virginia home loan review. This guide explains what lenders may look for so you can move forward with confidence.

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Does West Virginia Home Insurance Cover Mine Subsidence?

SHORT ANSWER
West Virginia requires every home insurance policy to include mine subsidence coverage unless you waive it in writing. In 15 named counties the rule flips, and you have to request the coverage instead. New coverage takes effect on the 30th day after you apply. Smart Loan Savings Educational Content

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West Virginia Mine Subsidence FactorWest Virginia Rule
Mine subsidence in West VirginiaIncluded unless you waive it
West Virginia opt-in counties15, where you request it instead
What West Virginia coverage protectsDamage from collapsed coal mines
When West Virginia coverage starts30 days after you apply
West Virginia mine subsidence deductible$250 to $500
Maximum West Virginia mine subsidence coverage$200,000
West Virginia coverage against your fire limitCannot exceed it
Who sets the West Virginia premiumThe state board
How the West Virginia premium appearsSeparately stated on the policy
Flood damage on a West Virginia policyNot covered
Flood notice a West Virginia insurer owes youWritten, on the policy
Who runs West Virginia mine subsidence insuranceThe Board of Risk and Insurance Management
West Virginia properties carrying the coverageAbout 15,000

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West Virginia Mine Subsidence Deep DiveUnderwriting Impact on Your West Virginia Home Loan Profile
The Coverage You Have Unless You Say NoMost states leave mine subsidence out of a home insurance policy entirely. West Virginia does the opposite. State law requires every policy issued or renewed on a structure here to include mine subsidence coverage, at a separately stated premium, unless the insured waives it. So the default is that you have it. Signing a waiver is what removes it, which means a buyer can lose the coverage by initialing a form without reading it. The West Virginia Mortgage Guide covers the other local factors that shape a home loan file in the state.
Fifteen Counties Where the Rule FlipsThe rule reverses in 15 named counties. In Berkeley, Cabell, Calhoun, Hampshire, Hardy, Jackson, Jefferson, Monroe, Morgan, Pendleton, Pleasants, Ritchie, Roane, Wirt and Wood, no waiver is required and the coverage is provided only if you ask for it. That is opt-in rather than opt-out. A buyer in one of those counties who assumes the state default applies has no coverage and no waiver on file to tell them so.
What the Coverage Actually Pays ForWest Virginia defines mine subsidence narrowly. It covers loss to the structure from lateral or vertical movement, including collapse, caused by the collapse of man-made underground coal mines. Natural settling does not qualify. A sinkhole from any other cause does not qualify. The deductible runs between $250 and $500. The state board reinsures up to $200,000 of insured value, and the mine subsidence amount cannot exceed the fire insurance on the structure. A home insured for less carries less subsidence protection.
The Thirty Days Before It StartsNew coverage does not start when you buy it. A new policy or endorsement carrying mine subsidence takes effect on the 30th calendar day after the application date. That is the same shape as a flood policy waiting period, and it lands the same way on a closing calendar. A buyer who discovers the coverage question in the final week cannot add it and close on time. Raise it when the file opens rather than when the policy is being issued.
The Other Gap West Virginia NamesMine subsidence is not the only thing state law addresses. An insurer issuing a policy that provides fire insurance but does not cover flood has to tell you so in writing, on the policy, pointing you to the federal flood program. That notice exists because the gap catches people. A flood certification on your loan file tells your lender whether flood insurance is required. It does not tell you whether your policy covers flood damage, and those are 2 different questions.
Who Actually Carries the RiskYour insurer writes the mine subsidence coverage, and the state stands behind it. The Board of Risk and Insurance Management sets the premium and reinsures the risk, which is why the price does not vary by company the way the rest of your policy does. The board has run this program since 1982 and covers roughly 15,000 homes and businesses. Insurers keep a limited statutory right to refuse the coverage on a specific structure. How to Prepare for a Mortgage covers the wider timeline.

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What Lenders CheckHow West Virginia Insurance Rules Affect Your Loan File
Coverage Active at ClosingThe loan cannot close until home insurance coverage is active on the property. The date coverage starts has to fall on or before the closing date, and the first year’s premium has to be confirmed as paid.
Whether a Waiver Was SignedMine subsidence sits on the policy by default across the rest of the state. A signed waiver removes it. Check whether one was signed before assuming the coverage is there.
The County the Home Sits InIn 15 counties the coverage only exists if requested. A buyer in one of those counties has to ask for it, and nothing on the policy will flag its absence.
The Fire Coverage AmountMine subsidence coverage cannot exceed the fire insurance on the structure. Underinsuring the dwelling quietly reduces the subsidence protection along with it.
When Coverage Was Applied ForNew mine subsidence coverage takes effect on the 30th day after application. A late request can push past your closing date, so the timing belongs early in the file.
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People Also AskWhy These Questions Matter
Can you waive mine subsidence coverage in West Virginia?West Virginia law includes mine subsidence coverage on every policy insuring a structure unless the insured waives it. A buyer who signs a waiver removes the coverage, so the waiver form is worth reading before initialing it at the insurance office.
How much mine subsidence coverage can a West Virginia home carry?The West Virginia state board reinsures up to $200,000 of insured value for mine subsidence, and the coverage cannot exceed the fire insurance on the structure. The deductible runs between $250 and $500, and the board sets the premium.
Which West Virginia counties require requesting mine subsidence coverage?15 West Virginia counties reverse the default, providing mine subsidence coverage only when the insured asks for it. A buyer in one of those counties who assumes the statewide default applies ends up with no coverage and no waiver on file to signal it.
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Sources Used on This Page
West Virginia Code, Chapter 33, Article 30, Mine Subsidence Insurance — § 33-30-1 legislative findings and the definition of mine subsidence | § 33-30-6 the coverage mandate and waiver, the 15 request-only counties, the 30-day effective date, the deductible range, the reinsurance limit, and the fire insurance cap | § 33-30-7 the limited right of insurers to refuse coverage | West Virginia Offices of the Insurance Commissioner — Homeowners Insurance Review Standards Checklist covering the mine subsidence requirement and the written flood notice | West Virginia Legislature — Legislative Auditor performance review of the Board of Risk and Insurance Management
Last Verified July 2026
The Legislature has changed both the county list and the coverage limits in the past, and either can change again. Your insurer sets the waiver form, and the state board sets the premium.
Disclaimer
West Virginia sets mine subsidence coverage rules by statute and the state board sets premiums and limits, and these are subject to change. What a specific policy covers is set by that policy. This page is provided for educational purposes only. Smart Loan Savings Educational Content