Risk And Insurance Management Risk And Insurance Management

Series 01 Mine Subsidence Insurance

W. Va. Code R. § 115-1-1 General

1.1. Scope. -- This rule applies to all insurance companies licensed by the Insurance Commissioner of West Virginia to write on a direct basis fire insurance on the State of West Virginia and, with the express permission of the "Board", to "Self Insurance Pools" as defined in Title 114, Series 65 of West Virginia Legislative Rules: Self Insurance Pools for Political Subdivisions: Provided, however, That Farm Mutual Insurance Companies authorized to transact insurance by the provisions of article twenty-two, chapter thirty-three of the West Virginia Code of 1931, as amended, may participate in the program on an optional basis.

1.2. Authority. -- W. Va. Code §33-30-15.

1.3. Filing Date. -- March 27. 2026.

1.4. Effective Date. -- April 1, 2026.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2031.

W. Va. Code R. § 115-1-2 Definitions

2.1. “Board” or "BRIM” means the West Virginia Board of Risk and Insurance Management.

2.2. “Mine subsidence” means loss to a structure caused by lateral or vertical movement, including collapse which results therefrom, of structures from collapse of man-made underground coal mines. It does not include loss caused by earthquake, landslide, volcanic eruption or collapse of storm and sewer drains and rapid transit tunnels.

2.3. “West Virginia Mine Subsidence Insurance Fund" or "Fund” means the fund established within the office of the West Virginia Board of Risk and Insurance Management.

2.4. “Policy” means a contract of insurance providing mine subsidence insurance.

2.5. “Premiums” means the gross rate charged policyholders for insurance provided by this rule.

2.6. “Structure” means any dwelling, building or fixture permanently affixed to realty located in West Virginia, including basements, footings, foundations, septic systems, and underground pipes directly servicing the dwelling or building, but does not include driveways, sidewalks, parking lots, land, trees, plants, crops, or agricultural field drainage tile.

W. Va. Code R. § 115-1-3 Implementation of Insurance Coverage

3.1. Date coverage to be offered. – On and after the effective date of this rule, all insurance policies issued in the State of West Virginia by insurance companies subject to this rule which provide fire insurance on structures eligible for mine subsidence insurance shall include coverage for mine subsidence insurance unless such insurance is waived by the insured. The waiver shall conform to the requirements of Section 3.10 of this rule.

3.2. Amount of insurance. – Each policy issued pursuant to this rule shall provide up to two hundred thousand dollars ($200,000) of mine subsidence insurance in an amount not to exceed the amount of fire insurance on the structure.

3.3. Premium rate. – The premium rate schedule established by the Board is attached hereto as Appendix C. For the purpose of selecting rates a non-dwelling structure is defined as a building not used principally for residential purposes or which houses more than four (4) family units.

3.4. Coverage form. – Each policy issued pursuant to this rule shall include only those coverage forms for mine subsidence insurance which have been approved by both the Board and the Insurance Commissioner of West Virginia [coverage Form WVMS-1 ( most current edition) Coal Mine Subsidence Coverage Part (Dwelling Structure) or coverage Form WVMS-2 (most current edition), Coal Mine Subsidence Coverage Part (Non-Dwelling Structure)]. Refer to Appendix A and B respectively, for coverage part wording. These forms may be reproduced under the name of the issuing insurance company.

3.5. Structures eligible for mine subsidence insurance. – Both dwelling structures and non-dwelling structures are eligible for mine subsidence insurance.

3.6. Exemption of certain mobile home forms. – Insurance companies whose mobile home policy forms currently provide subsidence insurance are exempt from the provisions of this rule: Provided, however, that this exemption applies only to mobile home policy forms.

3.7. Loss deductible. – The sum of two hundred fifty dollars ($250) shall be deducted from each loss caused by mine subsidence.

3.8. Ceding commission. – A ceding commission of thirty percent (30%) of the gross premium shall be assessed.

3.9. Reinsurance agreement. – Each insurance company subject to this rule shall enter into a reinsurance agreement with the Board. Refer to Appendix F for the wording of the Reinsurance Agreement.

3.10. Waivers. – All insurance policies subject to this rule, written after February 28, 1983, shall include mine subsidence insurance UNLESS waived in writing by the policy holder. Insurance Companies shall retain a copy of each signed waiver for a period of five years from the date of the waiver. The Board recommends the following waiver clause be used:

WAIVER OF INSURANCE

I (we) do not desire Coal Mine Subsidence Insurance coverage and hereby waive any right to such coverage, under this policy or any future policy concerning my (our) interest in the property described in the policy (in the application), unless I (we) request Coal Mine Subsidence Insurance coverage, in writing, at some future date.

Signature of Named Insured(s)

Policy Number (If Renewal)

Date Signed

3.11. Exclusion. – Insurance companies holding a signed waiver under the date of the previous rule, April 1, 2007, will not be required to obtain a new waiver, and waivers shall not be required on property located in the following fifteen (15) counties:

Berkeley, Cabell, Calhoun, Hampshire, Hardy, Jackson, Jefferson, Monroe, Morgan, Pendleton, Pleasants, Ritchie, Roane, Wirt or Wood.

3.12. Waiting period. – Mine subsidence insurance becomes effective no earlier than thirty (30) calendar days after the application date.

W. Va. Code R. § 115-1-4 Miscellaneous Provisions

4.1. Administration of claims. – All mine subsidence claims shall be reported to the Board for assignment to qualified independent adjusting firms in accordance with claim procedures as outlined on Appendix D. The selected adjusting firm will send all reports simultaneously to the insurer and the Board with all settlement authority, coverage questions and related matters being resolved by the Board. The Board will reimburse the insurer for all sums expended in accordance with the provisions of the reinsurance agreement.

4.2. Fund reporting. – Quarterly, each insurance company subject to this rule shall complete the West Virginia Mine Subsidence Fund Report. Refer to Appendix E for report format. The following information is required:

4.2.a. Policy count by county;

4.2.b. The amount of gross premiums less cancellations during the quarter rounded to the nearest dollars;

4.2.c. The net premiums due the state.

The completed report, along with the net premiums due the state, if any, shall be returned to the Board within forty-five (45) days after the quarter ends. The Board has the authority to audit any reporting insurance company so as to verify the authenticity and accuracy of the mine subsidence policy information submitted by such company to the Board.

Appendix A COAL MINE SUBSIDENCE COVERAGE PART FORM: WVMS-1 (DWELLING STRUCTURE) (Ed. 04-2016)

In consideration of an additional premium, the STRUCTURES are insured against direct loss which occurs within the effective policy dates caused by underground COAL MINE SUBSIDENCE for the limit of liability stated in the policy declarations applicable to COAL MINE SUBSIDENCE insurance.

COAL MINE SUBSIDENCE means loss to a STRUCTURE caused by lateral or vertical movement, including collapse which results therefrom, of STRUCTURES from collapse of man-made underground coal mine.

PROPERTY COVERED. This coverage applies to:

STRUCTURE, meaning any dwelling building or fixture permanently affixed to realty located in West Virginia, including:

(1) Cost of excavations, grading or filling; and (2) Basements, footings, foundations, septic systems; and (3) Underground pipes directly servicing the STRUCTURE.

PROPERTY NOT COVERED. This coverage does not apply to the following:

(1) Driveways, sidewalks, parking lots, land; and (2) Trees, plants, crops or agricultural field drainage tile.

LIMIT OF LIABILITY. The limit of liability for loss under this coverage part shall not exceed the smallest of the following amounts (1), (2), (3), (4) or (5):

(1) The Limit of Liability stated in the policy declarations applicable to COAL MINE SUBSIDENCE INSURANCE;

(2) The replacement cost of the STRUCTURE or any part thereof identical with such STRUCTURE on the same premises and the same occupancy and use;

(3) The amount actually and necessarily expended in repairing or replacing said STRUCTURE or any part thereof intended for the same occupancy and use;

(4) The amount of fire insurance on the STRUCTURE; or (5) The amount available in the West Virginia Mine Subsidence Insurance Fund to reimburse the company.

SUPPLEMENTAL COVERAGE. The insured may apply up to 10% of the amount of COAL MINE SUBSIDENCE insurance applicable to the dwellings covered under this policy to cover loss to buildings located on the premises used exclusively for private purposes; provided however, that structures rented or leased to other than a tenant and structures used in whole or in part for business purposes are excluded.

PERILS NOT INSURED AGAINST. The insurance afforded by this coverage part does not insure against loss caused by:

(1) Earthquake, landslide, volcanic eruption, collapse of storm and sewer drains and rapid transit tunnels or earth movement other than underground COAL MINE SUBSIDENCE;

(2) Any ensuing loss covered by the policy to which this coverage part is attached.

DEDUCTIBLE. The following deductible provisions apply:

(1) The sum of $250 shall be deducted from each loss separately occurring to the STRUCTURES insured.

(2) No other deductible provision contained in the policy to which this coverage part is attached applies to loss caused by COAL MINE SUBSIDENCE.

ARBITRATION PROVISION.

(1) In the event that the Insured and the Company, through the West Virginia Board of Risk and Insurance Management (hereinafter BRIM), as called for by statute, are unable to reach agreement as to: (1) whether the insured STRUCTURE has sustained damage, in total and/or in part, during the effective policy dates, due to COAL MINE SUBSIDENCE; and/or (2) the cost of repair of COAL MINE SUBSIDENCE damage to the insured STRUCTURE; and/or (3) the method of repair of COAL MINE SUBSIDENCE damage to the insured structure; and/or (4) the materials necessary to effect repair of COAL MINE SUBSIDENCE damage to the insured STRUCTURE, then either the Insured or BRIM may request that such issues(s) in dispute will be submitted to binding arbitration.

(2) A request for binding arbitration shall be made in writing and dispatched to the other party via certified mail, return receipt requested. At such time as the parties have mutually indicated their written consent to binding arbitration of the issue(s) in dispute, the arbitration process shall thereby commence as provided for herein.

If the Insured and BRIM mutually consent to binding arbitration, then both the Insured and BRIM shall agree to submit to the findings and decision of the QUALIFIED ARBITRATOR or QUALIFIED ARBITRATION PANEL. Any award in an arbitration initiated under this clause shall be limited to monetary damages for COAL MINE SUBSIDENCE in an amount not to exceed two hundred thousand dollars ($200,000) dollars per insured STRUCTURE or an amount not to exceed the LIMIT OF LIABILITY as declared for COAL MINE SUBSIDENCE insurance coverage on the Policy Declarations, whichever is less. In no event can the QUALIFIED ARBITRATOR or QUALIFIED ARBITRATION PANEL award punitive damages, attorney fees, injunctive relief, consequential damages, incidental damages, and/or any other types or sorts of damages other than monetary damages for COAL MINE SUBSIDENCE to the insured structure. Moreover, each party shall bear its own costs and expenses and an equal share of the ADMINISTRATIVE FEES of arbitration, except that if the Insured is the prevailing party in the arbitration BRIM agrees to pay all of the ADMINISTRATIVE FEES of the arbitration; however in no circumstance shall BRIM pay the expenses, legal fees, or expert fees of the Insured. ADMINISTRATIVE FEES shall mean only those fees charged by the QUALIFIED ARBITRATOR or QUALIFIED ARBITRATION PANEL according to the fee schedule as mutually agreed to in writing by the parties at the time the QUALIFIED ARBITRATOR or QUALIFIED ARBITRATION PANEL is selected.

(4) Judgment upon the award rendered by the ARBITRATOR or QUALIFIED ARBITRATION PANEL shall be final and not appealable, but, if necessary, may be entered by the Circuit Court of Kanawha County, West Virginia as provided herein.

(5) Selection of an Arbitrator (a) Within ten (10) days of their mutual written consent to binding arbitration, the Insured and BRIM shall select a QUALIFIED ARBITRATOR by mutual agreement to resolve the issue(s) in controversy between the parties. Said QUALIFIED ARBITRATOR shall be a professional registered engineer who can produce evidence of at least five (5) years experience in investigating and determining the existence of subsidence caused by underground coal mines, and if requested by mutual agreement of the parties, shall also be qualified to determine the cost of adequate repairs to structures damaged by COAL MINE SUBSIDENCE.

(b) If the parties are unable to agree upon a single QUALIFIED ARBITRATOR, then within thirty (30) days after the mutual written consent to binding arbitration, each party shall select one (1) QUALIFIED ARBITRATOR and the two (2) selected shall select a third QUALIFIED ARBITRATOR within ten (10) days of their appointment. Those three (3) QUALIFIED ARBITRATORS shall be hereinafter referred to as the QUALIFIED ARBITRATION PANEL and will resolve the issue(s) in controversy between the parties.

(c) Prior to the commencement of hearings, each of the QUALIFIED ARBITRATOR(S) appointed shall provide an oath or undertaking of impartiality.

(6) Applicable law This arbitration agreement shall be governed by the laws of the state of West Virginia. Furthermore, the parties hereto consent to the personal jurisdiction and venue of the Circuit Court of Kanawha County, West Virginia and further consent that any process, notice of motion, or other application to the court or a judge thereof may be served outside the State of West Virginia by registered or certified mail or by personal service, provided that a reasonable time for appearance is allowed.

(7) Arbitration Mechanism (a) Thirty (30) days after selection of a QUALIFIED ARBITRATOR or a QUALIFIED ARBITRATION PANEL, both the Insured and BRIM shall make written submissions to the QUALIFIED ARBITRATOR or a QUALIFIED ARBITRATION PANEL in which the respective party presents the facts of the case, with a copy to be provided to the other party. These written submissions may be made by the party or the party’s designated representative.

Upon receipt of these materials, the QUALIFIED ARBITRATOR or QUALIFIED ARBITRATION PANEL may request additional materials from either party. Any request for additional materials shall be made within thirty (30) days from the date the written submission, required by paragraph (7)(a), was made.

(c) After due consideration of the facts, as presented by the parties, the ARBITRATOR or QUALIFIED ARBITRATION PANEL, by majority opinion, shall issue a written decision with regard to all of the issues presented by the parties. Upon receipt of the written decision, the parties shall have thirty (30) days to resolve the claim in accordance with the decision.

(8) Duration of Arbitration The award of the ARBITRATOR or QUALIFIED ARBITRATION PANEL shall be made within nine (9) months of the filing of the notice of intention to arbitrate (demand), and each QUALIFIED ARBITRATOR shall agree to comply with this schedule before accepting appointment. However, this time limit may be extended by agreement of the parties.

OTHER PROVISIONS.

(1) In the event of loss to any STRUCTURE insured by this coverage part in excess of the deductible amount, this company shall be liable for no greater proportion of such excess than the amount provided by this COAL MINE SUBSIDENCE coverage part shall bear to all COAL MINE SUBSIDENCE insurance, whether collectible or not.

(2) The insurance afforded by this coverage part shall not be subject to the provisions of West Virginia Code Section 33-17-9, commonly known as the West Virginia Valued Policy Law. It is further agreed that no co-insurance clause shall be applicable to this coverage part.

(3) All claims shall be paid within 120 days after Proof of Loss is presented to the company unless otherwise agreed by the company and the insured.

(4) The insurance afforded by this coverage part shall become effective no earlier than 30 calendar days after the application date.

(5) Acceptance by the Insured of payment from the Company shall be proof of the Insured's agreement with the Company and BRIM as to the extent and scope of any and all covered damages under this coverage part, and the repair thereof; further, any and all such repairs to the insured STRUCTURE required by the Company and BRIM must be completed not later than 12 months after issuance of the settlement check by the Company to the insured. Failure by the insured to comply with this policy condition shall result in the right of the Company or BRIM to deny any further claim for damage to the insured structure caused directly or indirectly by such failure to complete the agreed on repairs.

(6) In the event of any payment under this policy, the Company or BRIM shall be subrogated to all of the Insured's rights to recovery therefore against any person or organization and the Insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The Insured shall do nothing after loss to impair or prejudice such rights. At the request of the Company or BRIM, the Insured will bring suit or transfer those rights to the Company or BRIM and help the Company or BRIM enforce them.

(7) Except as modified by this coverage part, this insurance is subject to all the provisions of the policy to which the coverage part is attached except:

(a) Coverage for additional living expense;

(b) Coverage provided under any extensions of coverage;

Coverage for indirect or consequential loss.

Appendix B COAL MINE SUBSIDENCE COVERAGE PART FORM: WVMS-2 (NON-DWELLING STRUCTURE) (Ed. 04-2016)

In consideration of an additional premium, the STRUCTURES are insured against direct loss which occurs within the effective policy dates caused by underground COAL MINE SUBSIDENCE for the limit of liability stated in the policy declarations applicable to COAL MINE SUBSIDENCE insurance.

COAL MINE SUBSIDENCE means loss to a STRUCTURE caused by lateral or vertical movement, including collapse which results therefrom, of STRUCTURES from collapse of man-made underground coal mine.

PROPERTY COVERED. This coverage applies to:

STRUCTURE, meaning any building or fixture permanently affixed to realty located in West Virginia, including:

(1) Cost of excavations, grading or filling; and (2) Basements, footings, foundations, septic systems; and (3) Underground pipes directly servicing the STRUCTURE.

PROPERTY NOT COVERED. This coverage does not apply to the following:

(1) Driveways, sidewalks, parking lots, land; and (2) Trees, plants, crops or agricultural field drainage tile.

LIMIT OF LIABILITY. The limit of liability for loss under this coverage part shall not exceed the smallest of the following amounts (1), (2), (3), (4) or (5):

(1) The Limit of Liability stated in the policy declarations applicable to COAL MINE SUBSIDENCE INSURANCE;

(2) The replacement cost of the STRUCTURE or any part thereof identical with such STRUCTURE on the same premises and the same occupancy and use;

(3) The amount actually and necessarily expended in repairing or replacing said STRUCTURE or any part thereof intended for the same occupancy and use;

(4) The amount of fire insurance on the STRUCTURE; or (5) The amount available in the West Virginia Mine Subsidence Insurance Fund to reimburse the company.

PERILS NOT INSURED AGAINST. The insurance afforded by this coverage part does not insure against loss caused by:

Earthquake, landslide, volcanic eruption, collapse of storm and sewer drains and rapid transit tunnels or earth movement other than underground COAL MINE SUBSIDENCE;

Any ensuing loss covered by the policy to which this coverage part is attached.

DEDUCTIBLE. The following deductible provisions apply:

The sum of $250 shall be deducted from each loss separately occurring to the STRUCTURES insured.

No other deductible provision contained in the policy to which this coverage part is attached applies to loss caused by COAL MINE SUBSIDENCE.

ARBITRATION PROVISION.

In the event that the Insured and the Company, through the West Virginia Board of Risk and Insurance Management (hereinafter BRIM), as called for by statute, are unable to reach agreement as to: (1) whether the insured STRUCTURE has sustained damage, in total and/or in part, during the effective policy dates, due to COAL MINE SUBSIDENCE; and/or (2) the cost of repair of COAL MINE SUBSIDENCE damage to the insured STRUCTURE; and/or (3) the method of repair of COAL MINE SUBSIDENCE damage to the insured structure; and/or (4) the materials necessary to effect repair of COAL MINE SUBSIDENCE damage to the insured STRUCTURE, then either the Insured or BRIM may request that such issues(s) in dispute will be submitted to binding arbitration.

A request for binding arbitration shall be made in writing and dispatched to the other party via certified mail, return receipt requested. At such time as the parties have mutually indicated their written consent to binding arbitration of the issue(s) in dispute, the arbitration process shall thereby commence as provided for herein.

If the Insured and BRIM mutually consent to binding arbitration, then both the Insured and BRIM shall agree to submit to the findings and decision of the QUALIFIED ARBITRATOR or QUALIFIED ARBITRATION PANEL. Any award in an arbitration initiated under this clause shall be limited to monetary damages for COAL MINE SUBSIDENCE in an amount not to exceed two hundred thousand dollars ($200,000) dollars per insured STRUCTURE or an amount not to exceed the LIMIT OF LIABILITY as declared for COAL MINE SUBSIDENCE insurance coverage on the Policy Declarations, whichever is less. In no event can the QUALIFIED ARBITRATOR or QUALIFIED ARBITRATION PANEL award punitive damages, attorney fees, injunctive relief, consequential damages, incidental damages, and/or any other types or sorts of damages other than monetary damages for COAL MINE SUBSIDENCE to the insured structure. Moreover, each party shall bear its own costs and expenses and an equal share of the ADMINISTRATIVE FEES of arbitration, except that if the Insured is the prevailing party in the arbitration BRIM agrees to pay all of the ADMINISTRATIVE FEES of the arbitration; however in no circumstance shall BRIM pay the expenses, legal fees, or expert fees of the Insured. ADMINISTRATIVE FEES shall mean only those fees charged by the QUALIFIED ARBITRATOR or QUALIFIED ARBITRATION PANEL according to the fee schedule as mutually agreed to in writing by the parties at the time the QUALIFIED ARBITRATOR or QUALIFIED ARBITRATION PANEL is selected.

Judgment upon the award rendered by the ARBITRATOR or QUALIFIED ARBITRATION PANEL shall be final and not appealable, but, if necessary, may be entered by the Circuit Court of Kanawha County, West Virginia as provided herein.

Selection of an Arbitrator (a) Within ten (10) days of the mutual written consent to binding arbitration, the Insured and BRIM shall select a QUALIFIED ARBITRATOR by mutual agreement to resolve the issue(s) in controversy between the parties. Said QUALIFIED ARBITRATOR shall be a professional registered engineer who can produce evidence of at least five (5) years experience in investigating and determining the existence of subsidence caused by underground coal mines, and, if requested by mutual agreement of the parties, shall also be qualified to determine the cost of adequate repairs to structures damaged by COAL MINE SUBSIDENCE.

(b) If the parties are unable to agree upon a single QUALIFIED ARBITRATOR, then within thirty (30) days after the mutual written consent to binding arbitration, each party shall select one (1) QUALIFIED ARBITRATOR and the two (2) selected shall select a third QUALIFIED ARBITRATOR within ten (10) days of their appointment. Those three (3) QUALIFIED ARBITRATORS shall be hereinafter referred to as the QUALIFIED ARBITRATION PANEL and will resolve the issue(s) in controversy between the parties.

(c) Prior to the commencement of hearings, each of the QUALIFIED ARBITRATOR(S) appointed shall provide an oath or undertaking of impartiality.

(6) Applicable law This arbitration agreement shall be governed by the laws of the state of West Virginia. Furthermore, the parties hereto consent to the personal jurisdiction and venue of the Circuit Court of Kanawha County, West Virginia and further consent that any process, notice of motion, or other application to the court or a judge thereof may be served outside the State of West Virginia by registered or certified mail or by personal service, provided that a reasonable time for appearance is allowed.

(7) Arbitration Mechanism (a) Thirty (30) days after selection of a QUALIFIED ARBITRATOR or a QUALIFIED ARBITRATION PANEL, both the Insured and BRIM shall make written submissions to the QUALIFIED ARBITRATOR or a QUALIFIED ARBITRATION PANEL in which the respective party presents the facts of the case, with a copy to be provided to the other party. These written submissions may be made by the party or the party’s designated representative.

(b) Upon receipt of these materials, the QUALIFIED ARBITRATOR or QUALIFIED ARBITRATION PANEL may request additional materials from either party. Any request for additional materials shall be made within thirty (30) days from the date the written submission, required by paragraph (7)(a), was made.

(c) After due consideration of the facts, as presented by the parties, the ARBITRATOR or QUALIFIED ARBITRATION PANEL, by majority opinion, shall issue a written decision with regard to all of the issues presented by the parties. Upon receipt of the written decision, the parties shall have thirty (30) days to resolve the claim in accordance with the decision.

Duration of Arbitration The award of the ARBITRATOR or QUALIFIED ARBITRATION PANEL shall be made within nine (9) months of the filing of the notice of intention to arbitrate (demand), and each QUALIFIED ARBITRATOR shall agree to comply with this schedule before accepting appointment. However, this time limit may be extended by agreement of the parties.

OTHER PROVISIONS.

(1) In the event of loss to any STRUCTURE insured by this coverage part in excess of the deductible amount, this company shall be liable for no greater proportion of such excess than the amount provided by this COAL MINE SUBSIDENCE coverage part shall bear to all COAL MINE SUBSIDENCE insurance, whether collectible or not.

(2) The insurance afforded by this coverage part shall not be subject to the provisions of West Virginia Code Section 33-17-9, commonly known as the West Virginia Valued Policy Law. It is further agreed that no co-insurance clause shall be applicable to this coverage part.

(3) All claims shall be paid within 120 days after Proof of Loss is presented to the company unless otherwise agreed by the company and the insured.

(4) The insurance afforded by this coverage part shall become effective no earlier than 30 calendar days after the application date.

(5) Acceptance by the Insured of payment from the Company shall be proof of the Insured's agreement with the Company and BRIM as to the extent and scope of any and all covered damages under this coverage part, and the repair thereof; further, any and all such repairs to the insured STRUCTURE required by the Company and BRIM must be completed not later than 12 months after issuance of the settlement check by the Company to the insured. Failure by the insured to comply with this policy condition shall result in the right of the Company or BRIM to deny any further claim for damage to the insured structure caused directly or indirectly by such failure to complete the agreed on repairs.

(6) In the event of any payment under this policy, the Company or BRIM shall be subrogated to all of the Insured's rights to recovery therefore against any person or organization and the Insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The Insured shall do nothing after loss to impair or prejudice such rights. At the request of the Company or BRIM, the Insured will bring suit or transfer those rights to the Company or BRIM and help the Company or BRIM enforce them.

Except as modified by this coverage part, this insurance is subject to all the provisions of the policy to which the coverage part is attached.

Appendix C STATE OF WEST VIRGINIA COAL MINE SUBSIDENCE RATES EFFECTIVE AUGUST 1, 2021 THE FOLLOWING ANNUAL PREMIUM RATES PER STRUCTURE HAVE BEEN APPROVED BY THE WEST VIRGINIA INSURANCE COMMISSIONER:

AMOUNT OF COAL MINE PREMIUM PREMIUM

SUBSIDENCE INSURANCE DWELLING NON-DWELLING (1)

ON THE STRUCTURE STRUCTURE STRUCTURE $10,000 or LESS $ 5.00 $10.00 $10,001 to $15,000 $6.00 $12.00 $15,001 to $20,000 $7.00 $14.00 $20,001 to $25,000 $8.00 $16.00 $25,001 to $30,000 $9.00 $18.00 $30,001 to $35,000 $10.00 $20.00 $35,001 to $40,000 $11.00 $22.00 $40,001 to $45,000 $12.00 $24.00 $45,001 to $50,000 $13.00 $26.00 $50,001 to $55,000 $14.00 $28.00 $55,001 to $60,000 $15.00 $30.00 $60,001 to $65,000 $16.00 $32.00 $65,001 to $70,000 $17.00 $34.00 $70,001 to $75,000 $18.00 $36.00 $75,001 to $80,000 $19.00 $38.00 $80,001 to $85,000 $20.00 $40.00 $85,001 to $90,000 $21.00 $42.00 $90,001 to $95,000 $22.00 $44.00 $95,001 to $100,000 $23.00 $46.00 $100,001 to $105,000 $24.00 $48.00 $105,001 to $110,000 $25.00 $50.00 $110,000 to $115,000 $26.00 $52.00 $115,001 to $120,000 $27.00 $54.00 $120,001 to $125,000 $28.00 $56.00 $125,001 to $130,000 $29.00 $58.00 $130,001 to $135,000 $30.00 $60.00 $135,001 to $140,000 $31.00 $62.00 $140,001 to $145,000 $32.00 $64.00 $145,001 to $150,000 $33.00 $66.00 $150,001 to $155,000 $34.00 $68.00 $155,001 to $160,000 $35.00 $70.00 $160,001 to $165,000 $36.00 $72.00 $165,001 to $170,000 $37.00 $74.00 $170,001 to $175,000 $38.00 $76.00 $175,001 to $180,000 $39.00 $78.00 $180,001 to $185,000 $40.00 $80.00 $185,001 to $190,000 $41.00 $82.00 $190,001 to $195,000 $42.00 $84.00 $195,001 to $200,000 (2) $43.00 $86.00 NOTE: (1) A NON-DWELLING STRUCTURE IS DEFINED, FOR RATING PURPOSES, AS A BUILDING THAT IS NOT USED PRINCIPALLY FOR RESIDENTIAL PURPOSES OR WHICH HOUSES MORE THAN FOUR FAMILY UNITS.

(2) $200,000 IS THE MAXIMUM AMOUNT OF INSURANCE REINSURED BY THE WEST VIRGINIA COAL MINE SUBSIDENCE FUND.

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.

APPENDIX E

(SAMPLE) WEST VIRGINIA MINE SUBSIDENCE FUND REPORT (SAMPLE)

CALENDAR QUARTER ENDING ___________________________

THIS REPORT MUST BE COMPLETED AND RETURNED EVEN IF NO MINE SUBSIDENCE PREMIUMS TRANSACTED DURING THE REPORTING PERIOD. CHECKS SHOULD BE MADE OUT TO THE WEST VIRGINIA BOARD OF RISK AND INSURANCE MANAGEMENT” AND MAILED ALONG WITH A SIGNED COPY OF THIS REPORT TO THE ADDRESS PROVIDED ON THE BOARD’S WEBSITE AT HTTP://WWW.BRIM.WV.GOV. REPORT IS DUE BY ____________________________________________ ___________________________________________ NAIC CO. # : ___________________________________________ ___________________________________________ QUARTER # :

___________________________________________ GROUP # : ___________________________________________

PART I-POLICY COUNT BY COUNTY-INDICATE IN THE APPROPRIATE BLOCKS THE NUMBER OF POLICIES ISSUED DURING THE REPORTING PERIOD WITH MINE SUBSIDENCE COVERAGE.

CO COUNTY # CO COUNTY # CO COUNTY #

NAME POLICIES # NAME POLICIES # NAME POLICIES

01 BARBOUR __________ 02 BERKELEY ___________ 03 BOONE __________

04 BRAXTON __________ 05 BROOKE ___________ 06 CABELL __________

07 CALHOUN __________ 08 CLAY ___________ 09 DODDRIDGE __________

10 FAYETTE __________ 11 GILMER ___________ 12 GRANT __________

13 GREENBRIER __________ 14 HAMPSHIRE ___________ 15 HANCOCK __________

16 HARDY __________ 17 HARRISON ___________ 18 JACKSON __________

19 JEFFERSON __________ 20 KANAWHA ___________ 21 LEWIS __________

22 LINCOLN __________ 23 LOGAN ___________ 24 MCDOWELL __________

25 MARION __________ 26 MARSHALL ___________ 27 MASON __________

28 MERCER __________ 29 MINERAL ___________ 30 MINGO __________

31 MONONGALIA __________ 32 MONROE ___________ 33 MORGAN __________

34 NICHOLAS __________ 35 OHIO ___________ 36 PENDLETON __________

37 PLEASANTS __________ 38 POCAHONTAS ___________ 39 PRESTON __________

40 PUTNAM __________ 41 RALEIGH ___________ 42 RANDOLPH __________

43 RITCHIE __________ 44 ROANE ___________ 45 SUMMERS __________

46 TAYLOR __________ 47 TUCKER ___________ 48 TYLER __________

49 UPSHUR __________ 50 WAYNE ___________ 51 WEBSTER __________

52 WETZEL __________ 53 WIRT ___________ 54 WOOD __________

55 WYOMING __________ 99 POLICIES WITH MORE THAN ONE COUNTY __________

PART II-PREMIUM TRANSACTIONS - COMPLETE FOR PREMIUM TRANSACTIONS OCCURRING DURING THE REPORTING QUARTER. ROUND TO NEAREST DOLLAR. INDICATE “0" IF NO TRANSACTIONS.

___________________________________ ADJUSTING GROSS PREMIUMS $__________________

PREPARED BY (PLEASE PRINT) (THE AMOUNT OF GROSS PREMIUMS LESS CANCELLATIONS)

___________________________________ LESS CEDING COMMISSION $___________________

TITLE (30%)

___________________________________ PREMIUMS DUE STATE $ ______________________

SIGNATURE ___________________________________

DATE PREPARED

WEST VIRGINIA BOARD OF RISK AND INSURANCE MANAGEMENT

AS MANAGER AND TRUSTEE OF THE

WEST VIRGINIA MINE SUBSIDENCE FUND

REINSURANCE AGREEMENT

INSURANCE COMPANY:

NAIC #: GROUP #:

ASSURED: Various provided with Mine Subsidence Coverage on or in connection with policies issued or renewed on or after the date of this Reinsurance Agreement.

REINSURANCE DATE:

AMOUNT: 100% - but not to exceed $200,000 per loss plus allocated loss adjustment expense.

In consideration of the provisions and stipulations herein or added hereto, and of premiums ceded by the above named insurance company, the West Virginia Board of Risk and Insurance Management (hereinafter BRIM), as Manager and Trustee of the West Virginia Mine Subsidence Fund (hereinafter Fund) and not otherwise, does reinsure, for all West Virginia mine subsidence losses and allocated loss adjustment expense reasonably incurred, the above-named insurance company, for coverages provided pursuant to W.Va. Code § 33-30-1, et seq.

It is understood and agreed that BRIM shall reimburse the named insurance company from the Fund for all amounts paid policyholders for claims resulting from subsidence and shall pay from the Fund all costs of administration incurred by BRIM; however no such reimbursement will be made by BRIM from the Fund for claims paid by the named insurance company without the expressed consent and approval of BRIM. The named insurance company is not required to pay any claim for any loss insured under the Mine Subsidence Insurance Law, except to the extent that the amount available in the Fund is sufficient to reimburse the insurer for such claim under this section, and without moral obligation.

It is further understood and agreed that the above-named insurance company shall charge and obtain premiums from all its insureds who request mine subsidence insurance under the West Virginia Mine Subsidence Insurance Law in accordance with rates approved by the West Virginia Insurance Commissioner and shall deposit such premiums with BRIM as Manager and Trustee of the Fund, less 30 percent of such premiums, which amounts shall be retained by the above-named insurance company as a ceding commission. Such deposits shall be made in accordance with the directions of BRIM as promulgated from time to time.

It is further understood and agreed that any and all claims by the above-named insurance company for reinsurance hereunder shall be made in accordance with the directions of BRIM as promulgated from time to time.

This agreement shall remain in effect unless and until terminated by one of the following:

(1) It may be terminated, upon written notice thereof by the above-named insurance company, accompanied by written approval of the West Virginia Insurance Commissioner.

(2) It may be terminated, upon sixty days written notice, by BRIM pursuant to an opinion of the West Virginia Attorney General that any future amendments to the West Virginia Mine Subsidence Insurance Law require or make desirable such cancellation.

(3) It will terminate upon repeal of the West Virginia Mine Subsidence Insurance Law; provided, however, that the obligations hereunder will continue as to any coverages provided under the West Virginia Mine Subsidence Insurance Law.

Any prior Reinsurance Agreement shall be superseded as of the effective date of this Reinsurance Agreement.

WEST VIRGINIA BOARD OF RISK AND INSURANCE MANAGEMENT, AS MANAGER AND TRUSTEE OF THE WEST VIRGINIA MINE SUBSIDENCE FUND.

By: ______________________________ Date: _____________________ Title: Executive Director, West Virginia Board of Risk and Insurance Management (NAME OF INSURANCE COMPANY)

By: ______________________________ Date: ____________________ Title:

Note: Please verify proper spelling of Company Name, 'NAIC' number and 'GROUP' number if applicable. Return one copy of signed agreement to the address provided on the Board’s website at http://www.brim.wv.gov.

Series 02 Public Entities Insurance Program

W. Va. Code R. § 115-2-1 General

1.1. Scope. -- This rule establishes the procedures for implementing and administering the public entities insurance program established pursuant to W. Va. Code §§29-12-5(b) and 29-12A-1 et seq. The purpose of the program is to provide liability insurance coverage and property insurance coverage to eligible and qualified political subdivisions, charitable or public service organizations, and emergency medical service agencies.

1.2. Authority. -- W. Va. Code §29-12-5.

1.3. Filing Date. -- March 27, 2026.

1.4. Effective Date. -- April 1, 2026.

1.5. Sunset Provision -- This rule shall terminate and have no further force and effect on August 1, 2035.

W. Va. Code R. § 115-2-2 Definitions

2.1. “Board” means the state board of risk and insurance management.

2.2. “Entity” means the political subdivisions, charitable or public service organizations and emergency medical service agencies requesting or obtaining liability or property insurance.

2.3. “Fee agreement" means the agreement between the entity and producer designating the producer as producer of record for the entity and authorizing the board to pay the producer of record the commission established in the agreement.

2.4. “Producer” means a person licensed by the West Virginia Insurance Commissioner under the laws of West Virginia to sell, solicit, or negotiate property and casualty insurance.

W. Va. Code R. § 115-2-3 Designation of Producer of Record

3.1. An entity may not procure or renew insurance through the public entities insurance program unless it entered into a fee agreement with the producer. Failure to comply with this requirement will result in declination of the entity’s application for coverage or non-renewal of existing coverage.

3.2. Upon the request of an entity or producer, the board shall provide all forms, documents, and instructions necessary to apply for coverage. The entity and its producer are jointly responsible for submitting all forms, documents, and underwriting information needed to apply for coverage in a manner and within a time period acceptable to the board.

3.3. Annually, before the end of December, the board will notify producers of the due date for the underwriting questionnaire and any other information needed for renewal of existing coverage. The notification will be sent at least forty-five (45) calendar days prior to the deadline. If the underwriting questionnaire or any other information needed for renewal of coverage is not received by the deadline, the board will issue a written non-renewal notice informing the entity that coverage will cease on July 1 at 12:01 a.m.

3.3.1. The board may assess a $500.00 penalty against any entity that submits renewal information after the deadline provided in the non-renewal notice but before July 1. The non-renewal notice will provide a late submission deadline by which the underwriting questionnaire or other information will still be accepted, and state that late submissions received before July 1 will result in an assessment of $500.00.

3.3.2. Coverage will cease on July 1 at 12:01 a.m. for any entity that fails to submit the underwriting questionnaire or other necessary renewal information by June 30 or pay an assessed $500.00 late submission penalty. Should the entity desire to procure coverage through the public entities insurance program during the year following non-renewal it must apply for coverage as a new entity and pay a penalty of $500.00. This penalty may be waived if the non-renewal was due to the entity’s decision to procure coverage other than through the program.

W. Va. Code R. § 115-2-4 Producer’s Commission

4.1. The commission received by a producer is determined by a fee agreement between the entity and its producer. A commission is based on the premium paid by the entity for a policy year. If an entity cancels coverage during the term of the policy, the commission is based on the premium paid for the period of time the insurance was in force.

4.2. The commission may not exceed eight percent (8 %) of the earned annual premium. The board computes the earned premium annually, based on premiums from July 1 to June 30 of the following year. Any difference between the maximum of eight percent and the producer’s commission shall be credited to the entity’s account.

4.3. The entity may change its producer and/or the amount of commission to be paid to the producer by notification to the board and submission of a new fee agreement. Commission will be paid to the producer annually, after the policy year for which the producer submitted the underwriting questionnaire. Should the entity change its producer during a policy year, the commission will be paid to the producer who completed the underwriting questionnaire for that policy year.

W. Va. Code R. § 115-2-5 Ineligible Classes

5.1. The following classes of entities have been determined by the board to be ineligible for coverage under W. Va. Code §29-12-5(b):

5.1.1. Hospitals - except those owned and operated by political subdivisions already insured with the state program, or critical access hospitals as specified in W. Va. Code §29-12-5(b).

5.1.2. Airports and airport authorities.

5.1.3. Churches and religious organizations.

5.1.4. Country clubs.

5.1.5. Homeowners associations.

5.1.6. Lobbying organizations.

5.1.7. Political organizations.

5.1.8. Any "for profit" organizations, except emergency medical service agencies as specified in W. Va. Code §29-12-5(b). “For profit” organizations include any for profit organization owned in full or in part by an otherwise eligible entity.

W. Va. Code R. § 115-2-6 Rates and Coverages

6.1. The board shall determine and establish rates, rate programs, deductibles, and coverages as needed.

6.2. An entity is not required to obtain property insurance through the public entities insurance program to qualify for liability insurance coverage. However, the entity must obtain liability insurance through the public entities insurance program to qualify for property insurance coverage.

6.3. The board’s administrative costs associated with operation of the public entities insurance program will be included in the calculation of premiums for insured entities.

W. Va. Code R. § 115-2-7 Cancellation Provisions

7.1. The board may cancel an entity’s insurance coverage for any of the following reasons:

7.1.1. The entity’s failure to make a premium payment within thirty (30) calendar days of the premium due date or failure to make payment of the liability insurance deductible within thirty (30) calendar days;

7.1.2. Fraud or substantial misrepresentation by the entity or a representative of the entity;

7.1.3. A substantial increase in the risk of loss to which the public entity insurance program is exposed under the policy, including, but not limited to, the following:

7.1.3.a. The conviction of the entity or any officer, employee, or volunteer of the entity of any crime having as one of its necessary elements an act increasing any hazard insured against;

7.1.3.b. Discovery of willful or reckless acts or omissions on the part of any officer, employee, or volunteer of the entity which substantially increases any hazard insured against;

7.1.3.c. The occurrence of a change in the risk which substantially increases any hazard insured against after insurance coverage has been issued or renewed;

7.1.3.d. The entity has a loss ratio exceeding one hundred percent in at least three of the past five years in the program;

7.1.3.e. The entity’s violation of any local fire, health, safety, building or construction regulation, or ordinance with respect to any insured property or the occupancy thereof which substantially increases any hazard insured against;

7.1.3.f. Public entities insured within the board’s insurance program who fail to follow the board’s or vendor loss prevention recommendations with an acceptable corrective action plan; or

7.1.3.g. Public entities whose annual premiums total more than $100,000 that fail to participate in BRIM’s Standards of Participation Program.

7.1.4. The entity violates any of the material terms or conditions of the insurance coverage or the public entity insurance program; or

7.1.5. The entity no longer qualifies for participation in the public entity insurance program administered by the board.

7.2. The board must provide the entity with at least a thirty (30) calendar day notice of cancellation of coverage. The notice must be written, sent by certified mail, return receipt requested and comply with the requirements of this rule.

W. Va. Code R. § 115-2-8 Nonrenewal Provisions

8.1. The board may non-renew an entity’s insurance coverage for any change in the risk of loss to which the public entity insurance program is exposed under the policy.

8.2. When the board elects to not renew coverage beyond the expiration date on the certificate of coverage, it must provide a nonrenewal notice.

8.2.1. A nonrenewal notice must be written, express the board’s intention to not renew the coverage, and include an explanation of the specific circumstances giving rise to the board’s action.

8.2.2. The board must mail the nonrenewal notice via certified mail, return receipt requested, at least sixty (60) calendar days before the expiration of the coverage. However, the board is not required to provide a sixty (60)-day notice if the entity is insured elsewhere, accepted replacement coverage, requested the nonrenewal, or agreed to the nonrenewal.

W. Va. Code R. § 115-2-9 Request for Reconsiderations

9.1. The entity may request the board reconsider a decision to cancel or nonrenew coverage.

9.1.1. The board must inform the entity of its opportunity to request reconsideration of the determination in the notice for nonrenewal or cancellation.

9.1.2. The entity must notify the board of its request for reconsideration in writing within twenty (20) calendar days of receiving a notice of cancellation or nonrenewal.

9.1.2.a. When submitting a request for reconsideration, the entity must include any documentation, information, findings, or data the board should consider when making a redetermination decision.

9.1.3. The board must provide the entity with a redetermination decision notice within twenty (20) calendar days of receiving a request for reconsideration. The notice must be in writing and sent certified mail, return receipt requested.

Series 03 Administrative Regulations of State Board of Risk and Insurance Management

W. Va. Code R. § 115-3-1 General

1.1. Scope. -- These rules establish procedures for the general administration of the state board of risk and insurance management and to assist interested persons dealing with the agency.

1.2. Authority. -- W.Va. Code § 29-12-5.

1.3. Filing Date. – August 18, 2020.

1.4. Effective Date. – September 18, 2020.

W. Va. Code R. § 115-3-2 Definitions

2.1. “Chairperson” means the member elected to be the presiding officer at Board meetings and to control discussion on each item of the agenda. 2.2 “Agency” means the state agency known as the West Virginia Board of Risk and Insurance Management created pursuant to W. Va. Code § 20-12-1, et. seq.

2.3. “The Board” means those individuals appointed by the Governor pursuant to W. Va. Code § 29-12-1. 2.4 “Meeting” means the convening of the Board for which a quorum is required in order to make a decision or to deliberate toward a decision on any matter. Any subcommittee meeting shall meet the definition of “meeting” for those members required to attend the subcommittee meeting.

2.5. “Quorum” means the presence of three voting members of the Board.

2.6. “Hearing Examiner” means the person engaged by the Director to conduct a hearing.

2.7. “Hearing” means any proceeding under authority granted to the agency by law and held in accordance with these rules, in the absence of any other applicable rules relating a specific type of hearing or proceeding before the agency.

2.8. “Director” means the executive director of the West Virginia Board of Risk and Insurance Management.

2.9. “Person” means any individual or business organization.

W. Va. Code R. § 115-3-3 Administration

3.1. The Board may utilize any management and staff of the agency as needed to accomplish its duties under this rule, which may include at a minimum preparation of agendas, public filing requirements, and any responsibilities relating to administrative hearings.

W. Va. Code R. § 115-3-4 Board Meetings

4.1. Any matter, procedure, or order not covered by these rules shall be referred to the presiding officer who shall decide the matter in conformity with the purpose of these rules in a fair and expeditious manner. Meetings of the Board shall be conducted in accordance with the Robert’s Rules of Order.

4.2. The members of the Board shall select from one of their number a member to serve as chairperson. The term of the chairperson shall be for two years; however, the incumbent shall continue to serve until replaced. In the event there is a vacancy in the office of chairperson, any Board member may call a meeting for the purpose of electing a successor. A vacancy may be filled by electing a new chairperson, and a member may be reelected as chairperson.

4.3. The Board shall meet quarterly on the third Tuesday of March, June, September, and December, or on such other date as determined by the Chairperson. 4.4 Additional meetings may be called by the Chairperson, and the Chairperson shall call a meeting upon the request of at least two Board members. All meetings shall be held at the offices of the agency or such other location as necessary to accommodate agency staff and a reasonable number of public observers and participants.

4.5. In the event of an emergency requiring immediate official action of the Board, the provisions of W. Va. Code § 6-9A-3 shall be followed.

4.6. Board members may participate using the telephone or other electronic means. The agency shall provide an adequate sound system and equipment to accommodate electronic participation and to ensure that those in attendance can reasonably hear the member(s) participating electronically.

4.7. The Board shall consider any matter brought before it by the chairperson or any member or agency management and may consider, at its discretion, any matter referred to it by a person not a member of the Board. Prior to each meeting, the agency shall publish an agenda that contains all items the Board anticipates hearing or acting upon at the meeting. Preparation of the agenda shall be in compliance with guidance of the West Virginia Ethics Commission. Notice of each meeting shall be filed in the state register in compliance with the open meetings laws found at W. Va. Code § 6-9A-1, et seq.

4.8. All action requiring a vote shall be moved by a member and seconded by a different member of the Board. The names of moving and seconding members will be recorded in the minutes.

4.9. The chairperson may direct that any member of the public exit the meeting if that person is disrupting the meeting to the extent that orderly conduct of the meeting is compromised.

4.10. The Board may hold an executive session to consider those matters set forth in W. Va. Code § 6-9A-4. Any discussion or consideration of the financial or personal information of an insured and any discussion regarding pending claims may be held by the board in executive session closed to the public. No decision of the Board may be made in executive session. Minutes of executive sessions may be taken and, if taken, shall be limited to material the disclosure of which is not inconsistent with the provisions of W. Va. Code § 6-9A-3.

4.11. The Board may establish subcommittees as needed. The chairperson shall designate the subject matter to be considered by the subcommittee as well as its membership and chairperson.

4.12. The Board shall provide for the preparation of written minutes of each meeting. All minutes shall be available to the public within a reasonable time after the meeting and shall include the following information:

4.12.1. The date, time and place of the meeting;

4.12.2. The name of each member present or absent;

4.12.3. All motions, proposals, resolutions, and measures proposed, the member proposing the same, and their disposition; and

4.12.4. The results of all votes.

W. Va. Code R. § 115-3-5 Settlement of Claims

5.1. The Board is hereby authorized and empowered to negotiate and effect settlement of any and all insurance claims arising on or incident to losses of and damages to state properties, activities and responsibilities.

W. Va. Code R. § 115-3-6 Administrative Hearings

6.1. In the absence of any other applicable rules relating to a specific type of hearing or proceeding before the agency or its duly appointed representative, these procedural rules shall apply. These rules are intended to meet the requirements of W. Va. Code § 29A-5-1, et seq. and shall be interpreted under that guidance.

6.2. The agency shall hold a hearing when a statute or rule authorizes a hearing request by a person claiming to be aggrieved by an act of the agency. A request for hearing shall be in writing and shall specify the act of the agency giving rise to the request and the legal grounds to be relied upon as a basis for the relief to be requested at the hearing. Should the hearing request fail to provide its basis or legal grounds relied upon, the agency may request this information.

6.3. The agency shall conduct the hearing within thirty days of receipt of a written request for hearing unless postponed to a later date by mutual agreement. Should the Director determine that the hearing requested would involve an exercise of authority in excess of that available under the law, the Director shall issue a decision declining to hold the hearing and setting forth the basis for the decision.

6.4. The agency shall issue a notice of hearing at least ten calendar days in advance of the hearing by depositing the notice in the United States mail, postage prepaid, in an envelope addressed to the person requesting the hearing at the last known residence or business address. The notice shall state the purpose of the hearing; the date, time, and location of the hearing; and any other matter necessary to the proper and efficient conduct of the hearing.

6.5. Hearings shall be conducted by a person designated by the Director to be the hearing examiner. The hearing examiner has the power to administer oaths and affirmation; rule upon motions, offers of proof and receive relevant evidence; question witnesses; regulate the course of hearings, hold conferences for resolution or simplification of issues; dispose of procedural requests or similar matters; and exclude any person from a hearing who engages in conduct intended to disrupt the hearing or who is not a party, a party’s attorney, or a testifying witness.

6.6. An opportunity shall be afforded the parties to present evidence and argument at the hearing with respect to the matters involved. All hearings shall be conducted in an impartial manner. Parties shall have the right of cross-examination of witnesses who testify and have the right to submit rebuttal evidence. Persons directly affected by the hearing may appear in person or by counsel.

6.7. Within thirty calendar days following the conclusion of the hearing, the hearing officer shall provide a recommended decision of findings of fact and conclusions of law to the Director. The Director shall review the record of the hearing and the recommended decision. The Director may adopt, modify, or reject the recommended decision, or may remand the recommended decision for further action. The Director shall issue a final order setting forth findings of fact and conclusions of law in support of the decision within 10 business days of receipt of the recommended decision. The Director’s order shall be mailed to the aggrieved person by certified mail, return receipt requested.

6.8. A decision by the Director to decline a hearing request under subsection 6.3 of this rule or an order of the Director issued under subsection 6.7 may be appealed within thirty calendar days of receipt of the decision or order in accordance with the provisions of W. Va. Code § 29A-5-4. If the aggrieved person does not appeal the Director’s decision or order within thirty calendar days of receipt, the decision or order is final.

115CSR3

115CSR3

115CSR3

Series 09 Procurement

W. Va. Code R. § 115-9-1 General

1.1. Scope. -- This procedural rule is an explanation and clarification of procedures for the purchase of commodities, services, and insurance products and insurance services relating to insurance on state properties, activities, and responsibilities, and purchases related to the State Privacy Office, by the West Virginia Board of Risk and Insurance Management.

1.2. Authority. – W. Va. Code, §§ 5A-1-12, 29-12-5, and 29-12-8.

1.3. Filing Date. – August 18, 2020.

1.4. Effective Date. – September 18, 2020.

W. Va. Code R. § 115-9-2 Definitions

2.1. “Agency” or “BRIM” means the West Virginia Board of Risk and Insurance Management.

2.2. “Bid” or “Bids” means documents that a vendor submits in response to a solicitation that constitutes an offer to the agency and includes, but is not limited to, documents submitted in response to a request for quotation and proposals submitted in response to a request for proposal.

2.3. “Chief Financial Officer” or “CFO” means the BRIM employee designated as such who manages the Agency’s Finance Department and is responsible for oversight and management of financial, investment, reporting, and budgeting functions for the agency.

2.4. “Director” means the Executive Director of BRIM or the BRIM employee designated by the Director to perform a specific task or function.

2.5. “Non-Responsible” means not having the capability to fully perform the contract requirements and lacking the integrity and reliability which will assure good-faith performance.

2.6. “Purchase of insurance products and insurance services” means procurement of or negotiation of contracts for insurance policies, insurance coverages, insurance adjusting services, engineering services, geotechnical services, insurance producer services, investment banking and trust services, financial management services, property and liability inspection or evaluation services, boiler and machinery insurance or inspection services, appraisal services, privacy or cyber liability incident management products or services, and any other products or services considered by the Director to be necessary or appropriate to the agency’s responsibilities relating to the State Privacy Office or to secure reasonably broad protection against loss, damage, or liability to property and on account of activities and responsibilities of the state or public entity program insured, through proper, adequate, available, and affordable insurance and through the employment of principles of loss control.

2.7. “Purchases of a routine nature” or “routine purchase” means procurement of typical items found in any state agency such as office supplies, furnishings, technology products and services including hardware and software, and other items or services needed for the day-to-day administrative functioning of the agency.

2.8. “Requisition” means a written or electronic authorization signed by the Director or his or her designee to the Agency’s Finance Department, or signed by the CFO, requesting the purchase of goods or services within the scope of this procedural rule.

2.9. “Solicitation” means a request for quotation (RFQ) or a request for proposal (RFP).

W. Va. Code R. § 115-9-3 Purchases of a Routine Nature

3.1. All purchases above $50.00, or such other value as determined by the Director in coordination with the CFO, must be approved by the Director or the CFO using the requisition form.

3.2. Purchases and contracts for commodities and services of a routine nature shall be based on competitive bid whenever possible, subject to the following:

3.2.1. Competitive bids may, but are not required to be obtained, when the value of the item or service is $2,500 or less;

3.2.2. A minimum of three verbal bids is required, when possible, when the value of the item or service is between $2,500.01 and $10,000; and

3.2.3. A minimum of three written bids is required, when possible, when the value of the item or service is between $10,000.01 and $25,000.

3.2.4. Purchases of a routine nature expected to exceed $25,000 must be the subject of competitive bid solicitation unless otherwise allowed under this rule.

W. Va. Code R. § 115-9-4 Purchases of Insurance Products and Insurance Services

4.1. Insurance products and insurance services relating to properties, activities, and responsibilities of the state or public entity program insured will be based on competitive bid whenever feasible and in the best interest of the state and the insurance programs administered or provided by the agency.

4.2. The Director shall determine the circumstances under which competitive bids for such insurance products and insurance services are feasible and in the best interest of the state and the insurance programs administered or provided by the agency. In making this determination, consideration will be given to the nature, complexity, uniqueness, cost, urgency, availability, or suitability for addressing a new or emerging risk, of the needed products or services. Such determinations shall also take into consideration financial costs, the scope of operational, staffing, or budget changes needed within the agency, and potential impact on constitutional immunity or statutory or common law relating to replacement of existing programs or services.

4.3. Rather than soliciting bids directly for insurance products and insurance services, the agency may solicit bids for the services of individual insurance producers, insurance agencies or business entities licensed as insurance producers by the West Virginia Insurance Commissioner, or surplus lines licensees as authorized by Chapter 33 of the West Virginia Code. The services to be provided under contracts resulting from such solicitations may include a market search for the insurance products and insurance services needed, recommendations, assistance with completion of the procurement, and general support during the duration of the contract for the insurance products and insurance services.

W. Va. Code R. § 115-9-5 Director’s Purchasing Role

5.1. The Director’s role in connection with agency purchases includes the following:

5.1.1. Review specifications and descriptions before soliciting bids to ensure that specifications and descriptions do not favor a particular “brand” or vendor unless such specifications are necessary to perform the objectives for which the routine purchase, or the insurance product or insurance service, is purchased. If specifications include a “brand” name, the Director will ensure that it is clear that equivalent products or services set forth in this subsection will be considered;

5.1.2. Accept or reject any or all bids in whole or in part;

5.1.3. Request from vendors all necessary information to verify that the vendor is licensed and in good standing with appropriate state or federal agencies;

5.1.4. Waive minor irregularities in bids or specifications when the Director determines such action to be appropriate;

5.1.5. Prescribe in each contract provisions for liquidated damages, remedies or other damage provisions in the event of vendor default;

5.1.6. Prescribe the manner of review or inspection for determining compliance with specifications for all routine purchases and purchases of insurance products or insurance services;

5.1.7. Ensure that bid evaluators have no financial, personal, or other conflict of interest relating to any vendor or vendor representative that has submitted a bid and to ensure that bid evaluators sign a form certifying no conflicts of interest;

5.1.8. Ensure that no agency employees communicate with vendors about the solicitation from the time the solicitation is advertised and until an award is made;

5.1.9. Review and approve or reject any change orders submitted by the vendor:

5.1.10. Renegotiate terms for renewal of expiring contracts for insurance products or insurance services if it is determined that rebidding the contracts is not feasible, or in the best interests of the state and the state insurance program, taking into consideration the factors set forth in section 4.1 of this rule;

5.1.11. Ensure, through periodic audits, compliance with the provisions of this rule; and

5.1.12. Any other act reasonably related to ensuring the integrity of the agency’s procurement process.

W. Va. Code R. § 115-9-6 Process in event of dispute

6.1. In the event of a dispute with a vendor, the agency will attempt to resolve any issues with the vendor prior to pursuing available remedies.

6.2. The agency may cancel a purchase or contract immediately if the vendor has obtained the contract by fraud, collusion, conspiracy; an organizational conflict of interest is identified; funds are not appropriated for the acquisition; the contract was awarded in error; if the contract is in conflict with any statutory or constitutional provision; or if the vendor has failed to honor any contractual term or standard commercial practice.

6.3. In the event that a vendor fails to honor any contractual term or condition, or violates any provision of federal, state, or local law, regulation, or ordinance, the agency shall provide the vendor with notice of cancellation and may request that the vendor remedy the contract breach or legal violation within a reasonable time frame given the nature of the breach or violation. If the vendor fails to remedy the contract breach or legal violation within the stated time frame, the contract may be canceled immediately.

6.4. If the contract was the subject of competitive bids, the agency may award the canceled contract to the next lowest responsible bidder that met specifications without a subsequent solicitation if that bidder is able to perform at the price contained in its original bid submission and the contract has not yet commenced. If the contract was the subject of competitive bids and the vendor’s failure has increased or significantly changed the scope of the original contract, the contract may not be re-awarded without competitive bids.

6.5. The agency may cancel any purchase or contract for any reason upon providing the vendor with 30 days’ notice of the cancellation.

W. Va. Code R. § 115-9-7 Processes Relating to Bidding and Award

7.1. A request for proposal, or RFP, published by the agency must contain provisions for a two-part evaluation, the first part being technical aspects of the proposal and the second part being cost to the state. The two components will be evaluated, scored, and combined to form a total score. The highest scoring vendor will be awarded the contract.

7.1.1. Bids submitted in response to RFPs must be received from vendors prior to the bid due date and time established on the solicitation forms provided by the agency. The agency must reject bids received after the designated time and date. Each vendor is solely responsible for delivering its bid to the agency. All bids must be signed by an authorized representative of the vendor.

7.1.2. A bidder may make a change to a sealed bid submitted in response to an RFP by submitting the change in the same manner that the bid was submitted. The change must be received by the agency before the date and time the bid is due.

7.1.3. If, during the solicitation process, it becomes necessary to alter the solicitation document, a written addendum will be issued by the agency. An addendum will be used to add, delete or change specifications or attachments; provide a copy of a pre-bid attendee list; answer technical questions or requests for clarification; extend or alter the bid schedule; or for any other material change to the solicitation. The addendum will be published on the agency’s website and provided directly to prospective bidders as determined by the agency.

7.1.4. If there is more than one bidder responding to the RFP, the agency may negotiate a lower price with the highest ranked bidder. If the contract is not awarded to the highest scoring bidder, the agency may close negotiations with that bidder and enter into negotiations with the next highest scoring bidder and may continue to do so in like manner with the remaining responsive and responsible bidders. The agency will only extend an offer after it is offered to all prior bidders in order of rank.

7.2. A request for quotation, or RFQ, will be used for procurements of tangible property such as supplies or equipment.

7.2.1. The solicitation will include a detailed description of, or specifications for, the item being purchased; a delivery date, if required; quantities of all items; and any other requirement necessary to describe the agency’s need.

7.2.2. The solicitation will establish the date and time for the submission of the bid, after which bids will no longer be accepted. The Director will obtain a minimum of three bids, when possible.

7.2.3. After the date and time established for bid submission, bids will be opened and examined by the agency to ensure compliance with all specifications and determination of the lowest responsible bidder meeting the bid specifications. The contract will be awarded to the lowest bidder meeting specifications.

7.3. Bids will be opened at the date and time specified in the solicitation documents. All bids will be and remain sealed until the bid opening time and date.

7.4. All solicitations will be advertised using advertising media such as newspapers, trade journals, publication on the agency’s web site, or any other media or method of notification to potential bidders that the Director considers advisable taking into consideration the nature and type of the solicitation. Notice of solicitations may also be published in the vendor self-service section of wvOasis at www.wvoasis.gov. The type and duration of advertising is at the Director’s discretion. This subsection does not prevent any solicitation from being advertised using any of these methods as determined by the Director.

7.5. Unless specifically allowed by the terms of the solicitation, bids may not be submitted by electronic transmission. If allowed, bids by electronic transmission must be received by the agency prior to the bid opening date and time. A bid will not be considered received until after transmission is completed.

7.6. If competitive bidding results in a tie in any solicitation, the agency may allow the tied vendors to make a final offer or may start the solicitation process over, at the Director’s discretion.

7.7. The Director may authorize purchases directly from a vendor without competitive bidding under the following circumstances:

7.7.1. It is determined that a direct award is appropriate because there is no other source for the product or service, or that no other source would be willing or able to replace the existing source without a detrimental effect on the agency, in which case the agency will document its due diligence in making this determination; or

7.7.2. In the event of an emergency, including but not limited to unforeseen events or circumstances, delays by contractors, delays in transportation, or an unanticipated volume of work, as well as procurements related to an official declaration of emergency by the Governor or federal officials. Notwithstanding the existence of an emergency as described in this subdivision, the agency will attempt to obtain three bids whenever possible. “Emergency” does not include circumstances caused by the agency’s neglect, poor planning, or lack of organization.

7.8. The agency may reject a bid that a vendor declares to be erroneous after the bid opening, but otherwise appears to be responsive, if all of the following conditions exist: (1) An error was made; (2) The error materially affected the bid; (3) Rejection of the bid would not cause a hardship on the agency; and (4) Enforcement of the part of the bid in error would be unconscionable. The agency will document the existence of these conditions in the contract file in the event that a bid is rejected under this subsection.

7.9. If the Director believes that a vendor may be non-responsible, the Director may request that a vendor or spending unit provide evidence that the vendor either does or does not have the capability to fully perform the contract requirements, and the integrity and reliability necessary to assure good faith performance. If the Director determines that the vendor is non-responsible, the vendor’s bid shall be rejected, and the contract may not be awarded to that vendor. A determination of non-responsibility must be evaluated on a case-by-case basis and can only be made after the vendor in question has submitted a bid.

7.10. The agency must reject a bid that is found to be non-responsive. A non-responsive bid is one that fails to conform to the solicitation in all material respects.

7.11. Prior to the award of a contract, the successful vendor must register with the Purchasing Division and pay any related fees prior to being awarded a contract, unless otherwise exempted by statute or rule. Vendors must be prepared to show that they are licensed and in good standing in accordance with all state and local laws and requirements by any state or local agency of West Virginia, including, but not limited to, the West Virginia Secretary of State’s Office, the West Virginia Tax Department, West Virginia Insurance Commission, or other state agencies or political subdivisions prior to being awarded a contract.

7.12. The agency may hold a post award conference with the successful vendor as part of the RFP process to ensure a clear and mutual understanding of all contract terms and conditions, and the respective responsibilities of all parties. The agency will prepare an agenda for the conference that will include discussion of the scope and specifications of the contract, the contract terms and conditions, any technical or reporting requirements of the contract, any contract administration procedures including contract monitoring and progress measurement using designated metrics or milestones, any potential contract problem areas and possible solutions, and invoicing requirements and payment procedures with particular attention to whether payment will be made according to milestones achieved by the vendor. The agency may also develop and discuss with the successful vendor a comprehensive and objective monitoring checklist that measures compliance with contract requirements and assesses contractor performance.

7.13. After the contract is awarded, the agency will provide written notice to all unsuccessful bidders that the contract has been awarded.

7.14. Copies of bids will be open for public inspection in the agency’s office at any time after the bid opening. The agency may prescribe policies to include scanning, copying or other methods of assuring public access. The contract file will be open for public inspection after the award has been made.

W. Va. Code R. § 115-9-8 Vendor challenges to contracts

8.1. Should any vendor desire to challenge an award of a contract, the vendor must submit to the Director no later than 5 business days after the award a written protest including the name and address of the protestor; the solicitation number or contract number; a thorough statement of the grounds upon which the protest is made; any relevant supporting documentation; and the resolution or relief sought. Failure to submit this information shall be grounds for rejection of the protest by the Director.

8.2. The Director or his/her designee shall review the matter of protest and issue a written decision. The decision shall be mailed to the vendor by certified mail, return receipt requested. The vendor may, within 10 business days of receipt of the Director’s written decision, request a hearing. If requested by the vendor, a hearing will be scheduled and notice of the time, date, and location of the hearing will be provided in writing to the vendor at least 10 days before the hearing date. The hearing notice shall be given by depositing it in the United States mail, postage prepaid in an envelope addressed to the vendor at its last-known address. Proof of the giving of notice shall be made by certificate of service attached to the notice and maintained in the agency’s file. Continuation or delay of the contract award is at the discretion of the Director.

8.3. The hearing shall be conducted by a hearing officer appointed by the Director. The hearing officer has the power to subpoena witnesses, papers, records, documents, and other data and things in connection with the hearing and to administer oaths or affirmations in the hearing. At the hearing, the agency and the vendor shall be afforded an opportunity to review the evidence, cross-examine witnesses, and present testimony and enter evidence.

8.4. Upon conclusion of the hearing, the hearing officer shall provide a recommended decision of findings of fact and conclusions of law to the Director. The Director shall review the record of the hearing and the recommended decision. The Director may adopt, modify, or reject the recommended decision, or may remand the recommended decision for further action. The Director shall issue a final order setting forth findings of fact and conclusions of law in support of the decision. The final order shall be mailed to the vendor by certified mail, return receipt requested.

8.5. The vendor may appeal the Director’s final order within thirty days of receipt of the order in accordance with the provisions of W. Va. Code § 29A-5-4. If the vendor does not appeal the Director’s final order within thirty days of receipt, the order is final.

Series 10 Procedure for Providing Written Notification of Claims

W. Va. Code R. § 115-10-1 General

1.1. Scope. -- This rule establishes the requirements and processes for insured entities to properly and promptly notify the West Virginia Board of Risk and Insurance Management of any incident or claim under any of the coverages provided by the Board.

1.2. Authority. -- W. Va. Code §29-12-5.

1.3. Filing Date. -- August 18, 2020.

1.4. Effective Date. -- September 18, 2020.

W. Va. Code R. § 115-10-2 Definitions

2.1. “Board” means the West Virginia Board of Risk and Insurance Management.

2.2. “Claim” means a demand for money or services made by a policyholder pursuant to the terms and conditions of an insurance policy or by a third-party against a policyholder.

2.3. “Employee” means any officer, agent, employee, or servant, whether compensated or not, whether full-time or not, who is authorized to act and is acting within the scope of his or her employment for an “insured entity.” “Employee” includes any elected or appointed official of an “insured entity,” but does not include an independent contractor of an “insured entity.”

2.4. “Incident” means any activity, whether participated in by an employee, observed by an employee, or made known to an employee, and whether intentional or unintentional, which has or might have resulted in physical damage to another or to another’s property and which has the potential for resulting in a claim against the state of West Virginia for damages.

2.5. “Insurance Loss Notice Form” means the claim form created and updated from time to time by the Board and available on the Board’s website or upon request to the Board for purposes of reporting incidents, claims, or lawsuits to the Board.

2.6. “Insured entity” for purposes of this rule means the following entities insured through the Board:

2.6.1. The State of West Virginia, consisting of the legislative, judicial and executive branches of government, including all its boards, commissions, councils, authorities, institutions, universities, colleges, schools, departments, divisions, and agencies; and

2.6.2. Any political subdivision, charitable or public service organization, or emergency medical service agency as defined in W. Va. Code §29-12-5 which is insured through the public entities insurance program.

2.7. “Person” means any individual or business entity.

W. Va. Code R. § 115-10-3 Reporting Requirements

3.1. Every insured entity shall establish a contact person within the insured entity to facilitate proper and timely reporting to the Board of all incidents, claims, or lawsuits. Each insured entity shall notify the Board’s claim manager when the contact person is established or changed, and shall provide the name, telephone number, mailing address, and email address for the contact person.

3.2. Every insured entity shall establish internal claim reporting procedures to ensure timely reporting to the board of all incidents, claims, or lawsuits.

3.3. When practicable, the insured entities shall report all incidents, claims, or lawsuits to the Board by completing the insurance loss notice form and immediately submitting the completed form to the Board by the methods set forth in subsection 4.6. of this rule.

3.4. If the insured entity is unable to access the insurance loss notice form, the insured entity should instead notify the Board of the incident, claim, or lawsuit by sending written correspondence by any of the methods in subsection 4.5. that includes the following:

3.4.1. Name and mailing address of the insured entity;

3.4.2. The insured entity’s certificate of insurance number that has been assigned to the insured entity by the Board;

3.4.3. The name of the insured entity’s contact person including his or her contact information;

3.4.4. The date of the incident and a brief description of the incident;

3.4.5. The name of the person who was injured or damaged including known contact information for the person;

3.4.6. The nature of any injuries or damages; and

3.4.7. The name and contact information of the individual making the report.

3.5. If the reportable claim is a lawsuit or other legal notice, the insured entity shall attach a full and complete copy of the legal documents to a completed insurance loss notice form and submit it immediately to the Board’s claim manager. In the absence of a completed insurance loss notice form, the insured entity shall attach a complete copy of the legal documents to a cover letter identifying the insured entity and providing the name, telephone number, mailing address, and email address for the insured entity’s contact person.

3.6. Claims or incidents made pursuant to the terms of a cyber liability insurance policy provided by the Board to the State of West Virginia as defined in subdivision 2.6.1. or any Board of Education should be reported through the West Virginia Office of Technology’s Online Computer Security and Privacy Incident Reporting System found on the West Virginia Office of Technology’s website, or by contacting the Board’s claim manager.

3.7. Insurance loss notice forms and lawsuits or legal notices of claims should be submitted electronically to brim.claims@wv.gov. Should that methodology not be available, they may be submitted to the Board’s claim manager by United States mail, fax, or hand delivery.

(1) Insured Info: Name BRIM Cert.# (required)

Insured Address:

Insured Contact: Phone Number (day):

Person with Detailed Knowledge on Loss:

How Do We Reach That Person?

(2) Loss Info: Date of Loss: Time of Day:

Location: (Street address )

Description:

Investigated By: (Police, Fire, etc.)

Witnesses: Name Address Phone (3) Claimant Info: use additional sheet(s) as necessary Name Home /Cell Phone #:

Address: Work Phone #:

Age: Gender:

Description of Injury or Damage:

(4) Auto Info: use additional sheet(s) as necessary Insured Vehicle Claimant Vehicle Year _______ Make Model Year _______Make____________Model VIN VIN Driver Driver :

Address Phone: _____________________License # Address:

Phone: _____________________License # Passengers ________________________________ Estimate Amount $ Passengers Estimate Amount $ (5) Property Loss Info: Loss Type: ( ) Fire ( ) Windstorm ( ) Burglary & Theft ( ) Fidelity ( ) Boiler & Machinery ( ) Vehicle ( ) Aircraft ( ) Other SUBMITTED BY: DATE:

115CSR10

115CSR10

INSURANCE LOSS NOTICE

State of West Virginia-BRIM Instructions: For all losses, complete sections 1, 2 & 3 For Auto losses -- also section 4 For Insured Property losses -- also section 5 West Virginia Board of Risk & Insurance Management * 1124 Smith St., Suite 4300 Charleston, WV 25301 (304) 766-2646 * (800) 345-4669 * fax (304) 558-6004 * submit to: brim.claims@wv.gov