Pet insurance in West Virginia

Which rules have been established

As of 11 November 2026, this review found no pet insurance law in West Virginia. All six specific guarantees in our state data remain unknown. General insurance rules and the terms of the contract apply.

A search of the official West Virginia Code found the phrase pet insurance in no chapter. Chapter 33, on insurance, contains neither pet nor veterinary. The word animal appears in one section of it, §33-1-10, about draft and riding animals in vehicle insurance. The NAIC Summer 2026 chart shows “no current activity” for West Virginia. The bill lists for the 2023–2026 regular sessions contain no pet insurance bill. This is a check of bill titles, not a full-text search.

The law does not say which kind of insurance a pet policy is. §33-1-10 lists the kinds of insurance and states that the definitions are not mutually exclusive. A pet policy could fall under marine insurance (which includes “all personal property floater risks”), personal property floater insurance within casualty, or miscellaneous insurance. How the Offices of the Insurance Commissioner (OIC) classify it has not been established. The consumer services unit of the OIC’s Property and Casualty Division lists pet insurance among the lines it helps with. In NAIC’s market share reports, pet insurance was included under inland marine until the 2024 data year.

Rates are filed 60 days ahead, and an excessive rate can be disapproved

The rate law (Chapter 33, Article 20) applies to fire, marine, casualty and surety insurance. It does not apply to life insurance or to accident and sickness insurance. By our reading, a pet policy comes within this law under any of the possible classifications: marine, personal property floater and miscellaneous insurance are all marine or casualty kinds under §33-1-10, and §33-20-2 leaves out only reinsurance, life, accident and sickness, ocean marine, aircraft and, in part, malpractice insurance.

Under §33-20-4, an insurer files its rates, rules and rating plans with the commissioner. A filing waits 60 days before it takes effect. If the commissioner has not disapproved it within that period, it is deemed to meet the requirements of the law. On the insurer’s written application, the commissioner may let it take effect earlier. A policy may be issued only in accordance with the filings in effect (subsection (k)).

The exemptions are narrow. For fire and marine insurance, subsection (a)(2) exempts from filing only inland marine risks which, “by general custom of the business”, are not written according to manual rates or rating plans. The price of a pet policy depends on age, species or breed and address; Embrace, for example, says so. By our reading, that exemption does not free such policies from filing. The exemption list in subsection (a)(3) covers only commercial lines, including commercial inland marine. The OIC’s marine insurance review checklist (05/2025 edition), on its rates and forms page, says that a personal lines rate is filed at least 60 days ahead and is considered approved after 60 days.

Under §33-20-3(b), rates may not be excessive, inadequate or unfairly discriminatory. The law does not limit the “excessive” ground to any type of market. The presumption of a competitive market in §33-20-4(a)(5) applies only to the exempt commercial lines.

What an owner can do:

• any person may file with the commissioner a signed statement setting out their position on a filing; if it arrives before the filing’s effective date, the commissioner sends a copy to the insurer (§33-20-4(b));
• a person aggrieved by a filing in effect may demand a hearing. If the commissioner finds that the filing breaks the law, the commissioner sets a date after which it is no longer effective. The order does not affect policies issued before that date (§33-20-5(d)).

No individual filing, pricing factors or size of any increase was established in this review.

Policy forms are also filed 60 days ahead

Under §33-6-8(b)(1), forms for noncommercial lines, which include insurance for personal, family and household needs, are filed at least 60 days before delivery. If the commissioner has neither approved nor disapproved a form by then, it is deemed approved. Fire and marine policy forms must also be filed with and approved by the commissioner, unless they conform to the commissioner’s legislative rules, are identical to an approved form or are commercial lines forms (§33-17-8); the section does not cover ocean marine or specially rated inland marine risks.

§33-6-9 requires the commissioner to disapprove a form if, among other things, it contains ambiguous or misleading clauses, its benefits are unreasonable in relation to the premium, or its coverage is not sufficiently broad to be in the public interest.

Approval cuts both ways. Under §33-6-30(c), once a form and its rate are approved, there is a presumption that they are in full compliance with Chapter 33. Nor does the law require a separate premium discount for each exclusion. On the other hand, under §33-6-17, a term that conflicts with Chapter 33 does not invalidate the policy: the policy is applied as if it complied with the law.

Claims: a rule for every policy

The commissioner’s rule 114CSR14, “Unfair Trade Practices”, has been in effect since 24 April 2006. It “applies to all persons and to all insurance policies and insurance contracts except Workers’ Compensation Insurance” (1.1.c). By our reading, that includes pet policies. The main deadlines:

Two more rules matter for owners:

• Claim notice deadlines. “Except where a time limit is specified by statute or legislative rule, no insurer may require a first-party claimant to give notification of a claim or proof of claim within a specified time” (4.4). The samples below contain such deadlines. By our reading, rule 4.4 calls them into question. Whether the OIC or a court applies it that way has not been established.
• Warning about time limits. An insurer negotiating a settlement with an owner who has no attorney must warn in writing that the owner’s rights may be affected by a statute of limitations or a policy time limit. The warning is due at least 30 days before the limit expires (6.12).

The rule itself creates no new cause of action (1.1.e). A violation is a ground for action by the commissioner, up to a penalty or loss of license (114-14-10).

We found no monetary penalty for late payment of a pet claim. The penalty in §33-11-4(9)(o), interest at the prime rate plus 1% after 90 days, is written for accident and sickness insurance and hospital and medical service corporation policies; we do not apply it to pet insurance. The search was not exhaustive.

Time to sue: two years or one

Under §33-6-14, a policy term is void if it limits the time to sue the insurer to less than two years from when the cause of action accrues. That rule covers every kind of insurance except marine. For marine policies the minimum is one year from the event that caused the loss. A term also may not bar a suit for more than six months after the cause of action accrues.

Which kind of insurance a pet policy is has not been established. That decides whether the one-year limit in the Healthy Paws sample (III.12) holds: an action is “absolutely barred unless commenced within one year after the loss or damage occurs or unless state law requires a longer period”. The OIC’s marine and casualty review checklists both paraphrase the rule with one year, although the statute’s text gives two years for non-marine insurance.

Cancellation and nonrenewal: we found no general rule

We found no general cancellation rule that clearly covers pet policies. Article 33-17A limits cancellation after 60 days to a list of reasons (§33-17A-5). It also requires notice of the insurer’s renewal intentions at least 30 days before the end of the term, with an explanation of any reduction in coverage (§33-17A-4(c)). But the article covers only property insurance on homes of up to four dwelling units and on personal property used for personal, family or household purposes inside a residential dwelling (§33-17A-2), and it expressly excludes inland marine policies. Whether it reaches a policy that pays veterinary bills has not been established: by our reading, a pet fits the description of personal property kept at home, but how the OIC classifies pet policies, including whether it treats them as inland marine, is unknown. The cancellation and nonrenewal notice periods in the samples below are therefore contract terms, not established state guarantees.

Fees on top of the premium

The OIC’s marine and casualty review checklists (05/2025 edition) have a section headed “OIC Policies & Additional Information”:

• “We do not permit: policy fees, enrollment fees, late fees, reinstatement fees, cancellation fees, interest penalties on late fees, transaction fees or expense fees that are in addition to the policy premium”. The basis given is §33-1-17: premium is the consideration for insurance, “by whatever name called”;
• since 1 July 2025, the installment fee for personal lines may be no more than $5.

This is review practice set out in the regulator’s documents, not a separate provision of the statute. How the OIC applies it to pet policies has not been established. The samples below contain an enrollment fee, a reinstatement fee and a non-refundable fee for paying in installments. ASPCA lists its enrollment and installment fees on the declarations page, and Figo its installment fee; no sample gives the amount of a reinstatement fee.

Rate filings are open from the moment they are received

Under §33-20-4(b), a filing and its supporting information are open to public inspection “as soon as the filing is received by the commissioner”. The OIC says that insurers’ filings are available free of charge through SERFF Filing Access; we did not open it.

The general public records law is §29B-1-3:

• “Every person has a right to inspect or copy any public record”. A person includes any natural person, corporation, partnership, firm or association (§29B-1-2). The text contains no restriction on nonresidents;
• a request must state with reasonable specificity the information sought; the response is due within 5 days, not counting Saturdays, Sundays or legal holidays;
• fees may cover only the actual cost of reproduction, with no search or retrieval fee.

Trade secrets are exempt from disclosure (§29B-1-4(a)(1)). The OIC takes requests on a form through its Legal Division. Fees: $0.10 a page and $1 a disc; prepayment may be required if the total exceeds $10; a fee waiver may be requested in writing. We did not test how the OIC responds to a nonresident, and we sent no requests.

The market

According to the NAIC 2025 market share report, page 256, direct written premiums for pet insurance in West Virginia were $9,193 thousand and direct earned premiums $8,942 thousand. Direct losses incurred were 56.07% of earned premium, against 68.07% for the industry total in the same report (states, territories, Canada and aggregate other alien; 68.10% for states and territories). NAIC notes that these loss ratios are calendar-year results, not measures of profitability. The three largest groups, JAB Holding Co Grp (31.24%), Trupanion Grp (19.61%) and Nationwide Corp Grp (15.90%), wrote 66.75% of premium together. NAIC is an association of regulators; these are not the OIC’s own figures. We found no pet insurance statistics published by the OIC.

What the sample policies show

On 11 November 2026 we opened five brands’ sample-policy pages for West Virginia. Healthy Paws and Pets Best provide West Virginia endorsements.

A sample does not establish that such a policy is issued today or that a new policy can be bought. Check your issued set: the declarations, the form and every endorsement.

The Healthy Paws West Virginia endorsement changes one term. In the general sample, III.9 promises payment within 60 days after completion of the claim form, unless state law provides for a shorter period. The endorsement: “The loss is payable no later than fifteen working days from the agreed upon settlement.” That matches rule 6.11. But the period runs from the agreed settlement; before that, the decision deadlines of 114CSR14 apply (see the table). The general Healthy Paws sample and its West Virginia endorsement are issued in the name of Westchester Fire Insurance Company; the CPE leaves the insurer blank. The site’s disclosure names five Chubb companies and their affiliates; check your declarations for the company that issued your policy.

The Pets Best West Virginia endorsement also changes one term, on insurance fraud (5.B.8). In the general text, if false information is provided the insurer may refuse to pay the claim and void the policy; in the endorsement, it may cancel it. The trial-period term is unchanged: if you cancel within the first 30 days, the policy is void from the start and pending and not-yet-submitted claims are denied.

What else the samples show:

• Claim deadlines that rule 4.4 calls into question. Pets Best: 180 days from the treatment date. Figo: 180 calendar days “or as soon as reasonably practicable”. ASPCA: 270 days from the date of service. Embrace V6: notice of loss within 60 days of the policy end date or renewal. The general Healthy Paws sample has no such deadline. By our reading, 114CSR14-4.4 bars requiring notice within a specified time unless a statute or legislative rule sets one; this is not an established violation. See claim deadlines and suit limits.
• Fees the regulator says it does not permit. ASPCA charges new customers an enrollment fee and a non-refundable fee for paying in installments. Embrace V6: “A reinstatement fee may be charged.” Figo: for reinstatement “A fee may be required”, and its installment fee is non-refundable. ASPCA lists its enrollment and installment fees on the declarations page, and Figo its installment fee; Embrace and Figo do not say what reinstatement costs. Whether the OIC applies its policy to these terms has not been established; this is not an established violation.
• Disputes go to veterinarians the insurer chooses. Healthy Paws (III.11): first the insurer’s own veterinarian, then an “independent” one appointed by the insurer, whose decision is final and binding on all parties. The OIC’s Informational Letter 119-B (July 2002) is titled “Homeowners” but has a section on “Any other Personal or Commercial Property & Casualty Policy”. For those policies it allows an appraisal provision only with the standard fire policy’s wording or wording at least as favorable: each side selects its own appraiser. Arbitration is only by mutual consent, and each side selects its own arbitrator. The OIC’s review checklists refer to this letter. By our reading, III.11 departs from that model. Whether III.11 is a provision of the kind the letter covers has not been established; the state endorsement leaves it unchanged. See disputes decided by the insurer.
• One year to sue at Healthy Paws. If a pet policy is not marine insurance, then by our reading III.12 is shorter than the two-year minimum in §33-6-14. ASPCA allows 24 months from the claim settlement date; Embrace V6, three years from the date of loss.
• Without a law, injury waits in these five samples run from zero to 15 days. An injury on day 10 is covered neither by ASPCA (14 days) nor by Healthy Paws (15 days). Embrace V6 has no waiting period for accidents.
• Orthopedic conditions can be excluded for good. Embrace V6 excludes four orthopedic conditions for the life of the policy if they appear in the first 180 days. See lifetime orthopedic and spine exclusions.
• Cancellation without cause. The general Healthy Paws sample lets the insurer cancel with 90 days’ written notice and lists no reasons. After 60 days, Figo and Embrace V6 name, among other reasons, noncompliance that prejudices their ability to evaluate a claim; Embrace also names failure to provide requested information. We found no general state rule that would limit this. See cancellation without cause.
• Terms change at renewal, and the notice period is often unstated. ASPCA says you accept the changes by renewing. Figo reports changes “within the renewal notice” and changes the premium during the term for changes in your address, your pet’s details or “other Policy parameters”. Embrace will notify you in writing. Healthy Paws promises 60 days’ notice of a premium change. See renewal changes.
• Backdated rescission and recovery of paid claims. For misrepresentation or concealment of a material fact ASPCA may rescind coverage, and “This may include rescission backdated to the original policy period effective date.” Figo and Embrace V6 reserve the right to recover payments made in error and to apply the terms retrospectively. See paid claims taken back.
• No exam record, no illness cover. The Healthy Paws CPE moves the end of the waiting period if you do not provide the enrollment-exam record. Without an exam in the 12 months before the start or within 14 days after it, Embrace V6 turns the policy into accident-only cover. See missing records move the waiting period.
• Raising coverage restarts the waiting period. For a higher limit Pets Best issues a new policy with a new pre-existing condition review; Figo and Embrace V6 apply the waiting period again. See plan changes.

What to do

• If an insurer denies a claim because it was filed late, cite 114CSR14-4.4 and complain to the OIC.
• Keep proof of the date the insurer received your proof of loss. If there is no decision within 30 calendar days and no letter explaining the delay within the next 15 working days, cite 114CSR14-6.7.
• A denial must name the policy provision and give the commissioner’s contact details (6.5, 6.17).
• Check your declarations page for an enrollment fee, a reinstatement fee and the cost of paying in installments. If there is a fee, or installments cost more than $5, ask the insurer and the OIC.
• If you have Healthy Paws, do not wait more than a year to sue: whether the one-year limit holds has not been established.
• You can find rate filings in SERFF Filing Access or request them from the OIC on its FOIA form: name the insurer, its NAIC code and the years.
• The OIC takes complaints online and on paper; its telephone numbers are (304) 720-8580 (property and casualty consumer services), (304) 558-3386 and 1-888-879-9842.
• Before buying, ask in writing which form and which endorsements your policy will be issued on.