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West Virginia Umbrella and Excess Liability Guide

West Virginia Code §17D-4-2 sets proof of the ability to respond in damages at $25,000 for bodily injury or death of one person, $50,000 for two or more persons, and $25,000 for injury to or destruction of property of others. Section 55-7-13c makes each defendant’s liability for compensatory damages several only, and not joint. Each defendant is liable only for the compensatory damages allocated in direct proportion to that defendant’s percentage of fault, and the court enters a separate judgment for that share. Joint liability may be imposed on two or more defendants who consciously conspire and deliberately pursue a common plan or design to commit a tortious act or omission, and a person held jointly liable has a right of contribution from the other defendants who acted in concert. 1,2

What Is Umbrella And Excess Liability?

Umbrella or excess insurance adds liability limits above the policies named in the quote after a covered claim exhausts their limits. It may fit if a contract sets higher limits; check which primary policies are listed and any gaps between them. Read the national Umbrella and excess liability guide.

West Virginia Requirements

RequirementDetails
Proof-of-responsibility amountsSection 17D-4-2 states $25,000 because of bodily injury or death of one person, $50,000 because of bodily injury or death of two or more persons, and $25,000 because of injury to or destruction of property of others. Those are the amounts in that proof section, not a required umbrella limit. 1

What to Watch for in West Virginia

  • The judgment against each defendant is entered separately

    Section 55-7-13c(a) requires a separate judgment against each defendant for that defendant’s share of compensatory damages. An excess claim that demands the entire verdict from one insured, without a conspiracy finding, does not track the statute. Ask for the percentage allocated to the insured and for the separate judgment, then compare that dollar figure with the scheduled underlying limit. 2

  • Joint liability is the conspiracy path, and it includes contribution

    Joint liability may be imposed on defendants who consciously conspire and deliberately pursue a common plan or design to commit a tortious act or omission. A person held jointly liable has a right of contribution from other defendants that acted in concert. If the complaint alleges that kind of plan, the excess layer can be asked for more than a single percentage, and the contribution claim against co-defendants should be noticed to the carrier. 2

  • Property damage in the proof section is $25,000, the same as the per-person bodily-injury amount

    Section 17D-4-2 does not use a smaller property figure. The three amounts are $25,000, $50,000, and $25,000. An application that schedules $10,000 property underlying limits will not meet this proof section. Confirm the auto declarations before the umbrella is issued. 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. 3,4,5

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. 6,7

Providers With Documented State Licenses

These providers publish a national listing for Umbrella and excess liability; 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.

  • 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. 10
  • 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. 13
  • 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. 14

Questions to Ask Before You Buy in West Virginia

  1. Does the auto policy provide at least $25,000/$50,000 bodily injury and $25,000 property damage under §17D-4-2?
  2. Is there a separate judgment for our percentage of compensatory damages under §55-7-13c?
  3. Do the pleadings allege a conscious conspiracy and common plan that would impose joint liability and a contribution right?

Umbrella And Excess Liability in West Virginia: FAQ

What amounts does West Virginia use in §17D-4-2? 1

Section 17D-4-2 uses $25,000 because of bodily injury to or death of one person in any one accident, $50,000 for two or more persons, and $25,000 because of injury to or destruction of property of others. Those are the proof amounts in that section. 1

Are West Virginia defendants jointly liable for compensatory damages? 2

Section 55-7-13c says liability for compensatory damages is several only and may not be joint. Each defendant pays the share allocated to that defendant’s fault, in a separate judgment. Joint liability is available against defendants who consciously conspire and deliberately pursue a common plan or design. 2

Umbrella And Excess Liability in Other States

Other Coverage in West Virginia

Sources

  1. W. Va. Code §17D-4-2, Proof of financial responsibility. West Virginia Legislature; Amounts of $25,000/$50,000 bodily injury or death and $25,000 property. Accessed 2026-09-29.
  2. W. Va. Code §55-7-13c, Liability to be several. West Virginia Legislature; Subsection (a): several liability for compensatory damages, separate judgments, and the conspiracy exception with contribution. Accessed 2026-09-29.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. Licenses. At-Bay; Current producer introduction and state table; At-Bay Insurance Services LLC; P&C and surplus-lines identifiers. Accessed 2026-09-21.
  8. 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.
  9. 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.
  10. 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.
  11. 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.
  12. 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.
  13. 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.

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