W. Va. Code R. agency 115, tit. 115, ser. 115-01, app D

Current through Register Vol. XLI, No. 38, September 20, 2024
Appendix D

STATE OF WEST VIRGINIA - BOARD OF RISK AND INSURANCE MANAGEMENT

COAL MINE SUBSIDENCE INSURANCE

The following procedures apply to the handling of Coal Mine Subsidence claims:

1) The insured should report the possibility of Coal Mine Subsidence damage directly to the Company or his/her Authorized Agent.

2) Upon notice of a potential Coal Mine Subsidence claim, the Company shall immediately forward a completed ACCORD claim form (or other appropriate Company claim form) to the Board at the address provided on the Board's website at http://www.brim.wv.gov/.

In addition to the claim form, the Company is required to furnish the Board with a copy of the policy declaration page or other documentation showing the amount of Coal Mine Subsidence Insurance purchased by the insured applicable to the damaged structure.

3) The board will then assign the claim to an independent adjusting firm for investigation. The adjusting cost of the independent firm will be paid directly by the Board.

4) The adjusting firm will report directly back to the Board with copies of all correspondence to the Company.

5) All payment authorizations will come from the Board. No reinsurance will be available for claims paid by the Company without prior approval from the Board.

6) After the Company has made an authorized payment to its insured, the Company should remit to the Board a copy of the draft and settlement papers, including subrogation receipt, if available, for reimbursement from the West Virginia Coal Mine Subsidence fund.

W. Va. Code R. agency 115, tit. 115, ser. 115-01, app D