An insurer may refuse to provide subsidence coverage (1) on a structure evidencing unrepaired subsidence damage, until necessary repairs are made; or (2) where the insurer has declined, nonrenewed or canceled all coverage under a policy for underwriting reasons unrelated to mine subsidence: Provided, That an insurer shall refuse to provide subsidence coverage on a structure which evidences a loss or damage in progress.
Any dispute arising under this section shall be subject to the hearing and appeal provisions of article two of this chapter.
Structure West Virginia Code
Article 30. Mine Subsidence Insurance
§33-30-1. Legislative Findings
§33-30-4. Mine Subsidence Insurance Fund
§33-30-5. State Support for Mine Subsidence Insurance Fund
§33-30-6. Mine Subsidence Coverage; Waivers
§33-30-7. Limited Right of Insurers to Refuse to Provide Subsidence Coverage
§33-30-8. Reinsurance Agreements