W. Va. Code » §33-11-3. Unfair methods of competition and unfair or deceptive acts or practices prohibited.
West Virginia Code

W. Va. Code § 33-11-3 (2026)

Unfair methods of competition and unfair or deceptive acts or practices prohibited

✓ current as of May 2026
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ARTICLE 11. UNFAIR TRADE PRACTICES.

§33-11-3. Unfair methods of competition and unfair or deceptive acts or practices prohibited.

No person shall engage in this state in any trade practice which is defined in this article as, or determined pursuant to section seven of this article to be, an unfair method of competition or an unfair or deceptive act or practice in the business of insurance.

Notes of Decisions
Cited in 10 cases (2 in the last 5 years), 1994–2025 · leading case: Taylor v. Nationwide Mut. Ins., 589 S.E.2d 55 (W. Va. 2003).
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Taylor v. Nationwide Mut. Ins., 589 S.E.2d 55 (W. Va. 2003). · cites it 2× “” W.Va.Code § 33-11-3 (1974). Unfair methods of competition and unfair or deceptive acts or practices are defined in detail in W.”
Wayne A. Lemasters & Mary Joan Lemasters v. Nationwide Mut. Ins. Co., 751 S.E.2d 735 (W. Va. 2013). · cites it 4× “Instead, the Lemasterses filed a motion to amend their complaint against Nationwide to allege a bad faith claim for violation of the Unfair Trade Practices Act (“UTPA”), W. Va. Code § 33-11-3 (1974). Mr. and Mrs.”
Pinnoak Resources, LLC v. Certain Underwriters at Lloyd's, 394 F. Supp. 2d 821 (S.D.W. Va 2005). · cites it 4× “PinnOak charges in its complaint that VeriClaim breached its duty of good faith and fair dealing and violated the West Virginia Unfair Trade Practices Act, W. Va.Code §§ 33-11-3 and 33-11-4(9), in the handling and adjustment of PinnOak’s insurance claim.”
Tri-State Mach. Inc. v. Nationwide Life Ins. Co., 33 F.3d 309 (4th Cir. 1994). “It prohibits false or misleading statements or advertising as to the contents of a policy and also prohibits engaging in unfair settlement practices, in an apparent effort to provide truth in insurance advertising and fairness in insurance administration.”
Martino v. Barnett, 595 S.E.2d 65 (W. Va. 2004). “s any provision of the commissioner’s rule relating to the privacy of consumer financial and health information shall be deemed to have violated the provisions of this article: Provided, That any licensee who complies with the provisions of this subsection, a commissioner’s…”
Pen Coal Corp. v. William H. McGee & Co., Inc., 903 F. Supp. 980 (S.D.W. Va 1995). “Pen Coal alleges that in denying insurance coverage for damage to *983 the West Virginia and Kentucky docks, the defendants: (1) breached their insurance contract with Pen Coal; (2) breached the covenant of good faith and fair dealing implied in the insurance contract; and (3)…”
Soyoola v. Oceanus Ins., 986 F. Supp. 2d 695 (S.D.W. Va 2013). “§ 33-11-3. The Supreme Court of Appeals of West Virginia has held that the UTPA creates a private cause of action against insurance companies who violate the Act.”
Rosetree Boutique, Inc. v. AssuredPartners Capital, Inc., No. 3:20-cv-00705 (S.D.W. Va Mar. 22, 2021). · cites it 2× “” W. Va. Code § 33-11-3 ; W. Va. Code § 33-11-2 (a).”
Starr Indem. & Liab. Co. v. Ascott Resources LLC, No. 5:23-cv-00762 (S.D.W. Va Oct. 17, 2025). · cites it 2× “” W. Va. Code § 33-11-3 . The Supreme Court of Appeals of West Virginia has held the WVUTPA’s use of the term “person” gives rise to a private cause of action against employees of insurance companies who engage in conduct violating the WVUTPA.”
Elam v. Med. Assurance of West Virginia, Inc., 607 S.E.2d 788 (W. Va. 2004). · cites it 3× “Code § 33-11-3, and alleged further that “[a]s a direct and proximate result of the[ir] unfair claims settlement practices and unlawful acts, .”
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