Get Started

Directors and Officers (D&O) Insurance in West Virginia

West Virginia’s Business Corporation Act allows corporate insurance for directors and officers even when the corporation could not indemnify or advance expenses for the same liability. The indemnification and advancement rules are separate: identify the entity’s form and incorporation state, and check whether directors can meet the statutory written-affirmation and repayment-undertaking conditions before legal bills arrive. 2,3

What Is Directors And Officers?

D&O insurance can help pay covered defense costs and losses from claims against company leaders over management decisions. If your organization has a board or executives, check whether the company itself is insured and whether legal bills reduce the limit. Read the national Directors and officers guide.

What to Watch for in West Virginia

  • Expense Advances Require Two Documents

    Before final disposition, West Virginia’s business-corporation statute permits an advance for a director’s reasonable expenses only after a written good-faith affirmation and written repayment undertaking are delivered. Ask whether the D&O policy pays defense costs directly and what notice or consent steps apply, so the board does not confuse company advancement with insurer payment. 3

  • Derivative Indemnity Is Narrower

    For a claim by or in the right of the corporation, statutory indemnity ordinarily covers reasonable expenses only when the director meets the conduct standard; a court may order fair-and-reasonable relief, but if the director was adjudged liable indemnity is limited to expenses. Compare the company’s indemnification documents with the policy’s defense-cost and insured-versus-insured terms. 1,4

  • Separate Liability Limits From Indemnity

    West Virginia’s director-liability statute uses its own decision standard and references an optional articles provision; that liability framework does not tell you what a D&O policy covers. Check the filed charter and ask the broker to explain how the policy responds to claims against the individual director and the company. 5

  • Confirm The Entity Type And Formation State

    These provisions sit in the West Virginia Business Corporation Act. A local operating address alone does not establish that this business-corporation indemnity regime governs an LLC, nonprofit, or foreign corporation; give the broker the exact entity and formation details. 1

Who Regulates Insurance in West Virginia

West Virginia Offices of the Insurance Commissioner

The West Virginia Offices of the Insurance Commissioner administers West Virginia insurance laws, oversees insurers and insurance producers within its authority, and provides regulatory and consumer resources. You can use the department's complaint process to raise an insurance issue and its licensing resources to check insurance professionals. 6,7,8

Surplus-lines tax and stamping office

Reported tax rate: 4% of premium plus 0.55% surcharge The NAIC's state chart lists a 4% of premium plus 0.55% surcharge charge for surplus-lines coverage for West Virginia (the chart's state entries were reviewed in October 2025). Your broker may collect the applicable amount with the premium. Surplus-lines insurers are not licensed in the state and generally are outside state guaranty-association protection; ask your broker to explain the insurer's financial protections and any diligent-search requirement that applies to your placement. 9,10

Providers With Documented State Licenses

These providers publish a national listing for Directors and officers; the state records document licenses for the entities and roles shown below. Some records rely on company-reported information rather than independent regulator verification. A national listing does not confirm the product is available in West Virginia. Check the regulator’s license lookup and confirm state availability for your business when requesting a quote.

  • CoalitionCoalition Insurance Solutions, Inc.Insurance producer, Surplus-lines broker · checked 2026-09-28Coalition’s license page lists producer and surplus-lines licenses for Coalition Insurance Solutions, Inc. in all 50 states and the District of Columbia. The page separately lists insurers; this record covers the brokerage entity only. 12
  • CorgiCorgi Insurance Services, Inc.Insurance producer · checked 2026-09-28Corgi’s company producer-license table lists 50 jurisdictions: 49 states and the District of Columbia, including DC license 3003091619. New Mexico does not appear in the table and is not included here; the omission does not establish that Corgi is unlicensed there. The company-reported table has no stated as-of date and does not establish product availability. 13
  • TechInsuranceSpecialty Program Group LLCInsurance producer · checked 2026-09-28TechInsurance’s current licensing page names Specialty Program Group LLC / SPG Insurance Solutions and lists state license numbers, but labels Rhode Island “Individual licenses” rather than identifying a license for the named agency. RI is omitted because this disclosure does not establish agency authority there; this is a search limitation, not an assertion that the company is unlicensed. The remaining state entries are company-reported and are not an insurance product availability map. 16
  • VouchVouch Specialty Insurance Services, LLCInsurance producer, Surplus-lines broker · checked 2026-09-28Vouch’s licenses page, effective January 16, 2025, lists producer licenses in all 50 states and DC. Its separate surplus-lines table includes Idaho number 870820, while a footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses. Because those statements conflict for Idaho, this record keeps Idaho producer-only and does not treat the table number as established agency surplus-lines authority. The page is company-reported and does not establish product availability. 17

Questions to Ask Before You Buy in West Virginia

  1. Who advances defense expenses while a claim is open, and what written undertakings, repayment terms, or insurer consents apply?
  2. Does the policy separately protect an individual director when the company is barred from indemnifying a derivative claim?
  3. Does the application list the exact West Virginia entity, its formation state, and the officer or director capacities we want insured?

Directors And Officers in West Virginia: FAQ

Does West Virginia require a corporation to buy D&O insurance? 2

No. The Business Corporation Act gives a corporation authority to purchase and maintain insurance for directors and officers, but the cited provision does not require a policy. 2

Can a West Virginia corporation advance a director’s legal expenses? 3

It may advance reasonable expenses before a proceeding ends if the director provides a written good-faith affirmation and a written undertaking to repay funds if the statutory conditions are not met. 3

Directors And Officers in Other States

Other Coverage in West Virginia

Sources

  1. West Virginia Code § 31D-8-851, Permissible Indemnification. West Virginia Legislature; § 31D-8-851(a), (d)–(e): conduct standard, derivative and improper-benefit limits. Accessed 2026-09-28.
  2. West Virginia Code § 31D-8-857, Insurance. West Virginia Legislature; Corporation’s authority to buy status-based insurance even if indemnification or advance is unavailable. Accessed 2026-09-28.
  3. West Virginia Code § 31D-8-853, Advance for Expenses. West Virginia Legislature; Subsections (a)–(c): affirmation, repayment undertaking, and authorization. Accessed 2026-09-28.
  4. West Virginia Code § 31D-8-854, Circuit Court-Ordered Indemnification and Advance for Expenses. West Virginia Legislature; § 31D-8-854(a)(3): court may order fair-and-reasonable indemnity or advance; adverse derivative judgment limits indemnity to expenses. Accessed 2026-09-28.
  5. West Virginia Code § 31D-8-831, Standards of Liability for Directors. West Virginia Legislature; Subsections (a)–(c): director-liability standard, proof of harm/causation, preserved separate distribution rules. Accessed 2026-09-28.
  6. West Virginia Offices of the Insurance Commissioner. West Virginia Offices of the Insurance Commissioner; Official regulator website; insurance oversight and consumer/professional resources. Accessed 2026-09-28.
  7. Insurance Department Directory. National Association of Insurance Commissioners; West Virginia Offices of the Insurance Commissioner entry; official contact and website listing. Accessed 2026-09-28.
  8. Surplus Lines Insurance Premium Taxes. National Association of Insurance Commissioners; WV row; state surplus-lines premium-tax rate reviewed October 2025. Accessed 2026-09-28.
  9. Guaranty Associations & Funds. National Association of Insurance Commissioners; Coverage of claims from insolvencies of insurers licensed in a state; surplus-lines insurers are nonadmitted. Accessed 2026-09-28.
  10. Licenses. At-Bay; Current producer introduction and state table; At-Bay Insurance Services LLC; P&C and surplus-lines identifiers. Accessed 2026-09-21.
  11. Licenses and Carriers. Coalition; Licenses and Carriers, re-read 22 September 2026: Insurance Licenses table for Coalition Insurance Solutions, Inc., national producer number 18419475, with producer and surplus-lines numbers for all 50 states and DC including California 0L76155, Georgia 196479, Texas 2199630 and 2205589, Pennsylvania 815731 and 817452, Colorado 539028 and Wisconsin 3000108852. Insurance Carriers table naming, with NAIC numbers, Allianz Underwriters Insurance Company 36420, Arch Specialty Insurance Company 21199, Ascot Specialty Insurance Company 45055, Ascot Insurance Company 23752, Aspen Specialty Insurance Company 10717, Chaucer Insurance Company DAC, Coalition Insurance Company 29530, Fireman's Fund Indemnity Corporation 11380, Fortegra Specialty Insurance Company 16823, Lloyd's of London, MSIG Specialty Insurance USA Inc. 34886, MS Transverse Specialty Insurance Company 41807, Steadfast Insurance Company 26387, Vantage Risk Specialty Insurance Company 16275 and Zurich American Insurance Company 16535. Accessed 2026-09-22.
  12. Insurance Producer Licenses. Corgi Insurance; Current complete Insurance Producer Licenses table for Corgi Insurance Services, Inc.; 50 rows covering 49 states and DC (DC 3003091619); no New Mexico row; no NPN or as-of date shown. Accessed 2026-09-28.
  13. About Hiscox US Insurance. Hiscox; Hiscox Insurance Company Inc. NAIC 10200 as Chicago, IL domiciled insurer admitted or licensed in all 50 states and D.C.; Hiscox Inc. as general agent and Lloyd’s coverholder for Syndicates 33 and 3624; surplus-lines placements through licensed surplus-lines brokers; A.M. Best rating statement. Accessed 2026-09-16.
  14. Licenses. ERGO NEXT Insurance; Current entity-by-state license table reopened 28 September 2026: 50 rows under Next First Insurance Agency, Inc., including Washington, DC; New York rows instead list Next Insurance Services PC-1423070 and AP Intego BR-1198885. Accessed 2026-09-28.
  15. Insurance Licenses by State. TechInsurance; Current state table; identifies TechInsurance as a division of Specialty Program Group LLC d/b/a SPG Insurance Solutions; lists DC 3000041536 and labels Rhode Island “Individual licenses,” without an agency license number. Accessed 2026-09-28.
  16. Licenses. Vouch; Effective 16 January 2025: Vouch Specialty Insurance Services, LLC, NPN 19926463; P&C table (50 states and DC); surplus-lines table includes Idaho 870820; footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses; Idaho retained as producer-only due to conflict. Accessed 2026-09-15.

Updated .

This guide is informational and does not determine whether a policy is available or meets your needs. Editorial policy. To suggest a correction, contact Spot with a supporting source.

Get Help With Insurance Buying and Renewals.

Get help buying coverage and managing renewals, with less paperwork for your team. Start with a free consultation.

Talk to Spot