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HB5462 • 2026
Relating to Mine Subsidence
This bill passed the Legislature and reached final enactment based on the latest official action.
Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.
Relating to Mine Subsidence
These notes stay tied to the official amendment files and metadata from the legislature.
Plain English: HB5462 SFAT Azinger #1 3-12 Casey 7988 Senator Azinger moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: Eng.
Plain English: HB5462 SFAT Azinger #1 3-12 Casey 7988 Senator Azinger moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: Eng.
Chapter 232, Acts, Regular Session, 2026
Approved by Governor 4/1/2026
To Governor 3/25/26
Approved by Governor 4/1/2026 - House Journal
Approved by Governor 4/1/2026 - Senate Journal
To Governor 3/25/2026 - Senate Journal
House Message received
Completed legislative action
Communicated to Senate
House concurred in Senate amendment and passed bill (Roll No. 658)
House received Senate message
Senate requests House to concur
Title amendment adopted
Passed Senate (Roll No. 569)
Read 3rd time
On 3rd reading
Read 2nd time
On 2nd reading
Read 1st time
Immediate consideration
Reported do pass
To Banking and Insurance
To Banking and Insurance
Introduced in Senate
Communicated to Senate
Passed House (Roll No. 319)
Read 3rd time
On 3rd reading, Special Calendar
Read 2nd time
On 2nd reading, Special Calendar
Read 1st time
Immediate consideration
By substitute, do pass
To House Finance
To House Banking and Insurance
To House Finance
Introduced in House
To Finance
Filed for introduction
Relating to Mine Subsidence
HB 5462 Text skip navigation SENATE PRESIDENT SENATORS COMMITTEES VIDEO/AUDIO DISTRICT MAPS SENATE CLERK SENATE RULES HOUSE SPEAKER DELEGATES COMMITTEES VIDEO/AUDIO DISTRICT MAPS HOUSE CLERK HOUSE RULES HOUSE STAFF JOINT INTERIM COMMITTEES LEGISLATIVE ADMINISTRATOR LEGISLATIVE SERVICES DIVISION PUBLIC INFORMATION LEGISLATIVE AUTOMATED SYSTEMS DIVISION LEGISLATIVE AUDITOR'S OFFICE PERFORMANCE EVALUATION & RESEARCH DIVISION POST AUDIT DIVISION BUDGET DIVISION REGULATORY AND FISCAL AFFAIRS DIVISION CLAIMS COMMISSION CRIME VICTIMS RULE-MAKING REVIEW SPECIAL INVESTIGATIONS JUDICIAL COMP. COMMISSION JOINT RULES STAFF INFO BILL STATUS BILL STATUS BILL TRACKING STATE LAW WEST VIRGINIA CODE ACTS OF THE LEGISLATURE CODE OF 1931 WV CONSTITUTION US CONSTITUTION REPORTS AGENCY REPORTS AGENCY GRANT AWARDS PERFORMANCE EVALUATIONS POST AUDITS EDUCATIONAL CITIZEN’S GUIDE INTERNSHIP PROGRAM PAGE PROGRAM PUBLICATIONS PHOTO GALLERY CAPITOL HISTORY HOW A BILL BECOMES LAW CONTACT SENATE ROSTER HOUSE ROSTER PUBLIC INFO. NEWS RELEASES HELPFUL LINKS Enrolled Version - Final Version House Bill 5462 History OTHER VERSIONS - Committee Substitute (1) | Engrossed Version | Introduced Version | | Email Key: Green = existing Code. Red = new code to be enacted WEST virginia legislature 2026 regular session ENROLLED Committee Substitute for House Bill 5462 By Delegates Hall, Jeffries, and Hott (By Request of the Board of Risk and Insurance Management) [Passed March 14, 2026; in effect 90 days from passage (June 12, 2026)] AN ACT to amend and reenact §33-30-6 and §33-30-12 of the Code of West Virginia, 1931, as amended, relating to mine subsidence insurance; requiring recovery paid to the policyholder for an incurred covered loss first be applied to property damages; entitling mine subsidence insurance fund to setoffs; making legislative findings; and prohibiting cause of action against an insurer for mine subsidence insurance claims reported to the Board of Risk and Insurance Management. Be it enacted by the Legislature of West Virginia: ARTICLE 30. MINE SUBSIDENCE INSURANCE. §33-30-6. Mine subsidence coverage; waivers. (a) Beginning October 1, 1982, every insurance policy issued or renewed insuring on a direct basis a structure located in this state shall include, at a separately stated premium, insurance for loss occurring on or after October 1, 1982, caused by mine subsidence unless waived by the insured: A waiver is not required and the coverage may only be provided if requested by the insured in the following counties: Berkeley, Cabell, Calhoun, Hampshire, Hardy, Jackson, Jefferson, Monroe, Morgan, Pendleton, Pleasants, Ritchie, Roane, Wirt, and Wood. (b) The effective date of a new policy or endorsement containing mine subsidence insurance coverage shall be on the thirtieth calendar day after the application date. The premium charged for coverage shall be set by the board: (1) At no time may the deductible be less than $250 nor more than $500; and total insured value reinsured by the board may not exceed $200,000. In no event may the amount of mine subsidence reinsurance exceed the amount of the fire insurance on the structure. (c) Recovery paid to the policyholder for an incurred covered loss, whether received before or after submission of the loss to the insurer, must first be applied to property damages. If a source other than the mine subsidence fund provides payment to an insured for a loss insured by the mine subsidence insurance program, the fund is only liable up to the statutory limit of reinsurance for the portion of the loss not covered by the other sources. §33-30-12. Right of recourse. (a) Except in the case of fraud by an insurer, the board does not have any right of recourse against the insurer and the insurer may settle losses in the customary manner consistent with this article. (b) The board may require an insurer to attempt recovery from a policyholder for the amounts paid to such policyholder if, in the judgment of the board, the policyholder was not entitled to the amounts paid because of fraud or violation of the policy conditions. The costs of such recovery attempt shall be borne by the board. Any dispute under this section shall be subject to the hearing and appeal provisions of article two of this chapter. (c) The Legislature hereby finds the duties and responsibilities of insurers under this article are to facilitate the availability of mine subsidence coverage in the state through and on behalf of the board; therefore, a policyholder may not bring a cause of action or any other action against the insurer for claims which have been reported to the board arising out of or relating to this article. The Clerk of the House of Delegates and the Clerk of the Senate hereby certify that the foregoing bill is correctly enrolled. ............................................................... Clerk of the House of Delegates ............................................................... Clerk of the Senate Originated in the House of Delegates. In effect 90 days from passage. ............................................................... Speaker of the House of Delegates ............................................................... President of the Senate __________ The within is ................................................ this the........................................... Day of ..........................................................................................................., 2026. ............................................................. 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