W. Va. Code » §33-6-3. Insurable interest in property.
West Virginia Code

W. Va. Code § 33-6-3 (2026)

Insurable interest in property

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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ARTICLE 6. THE INSURANCE POLICY.

§33-6-3. Insurable interest in property.

(a) No insurance contract on property or of any interest therein or arising therefrom shall be enforceable as to the insurance except for the benefit of persons having an insurable interest in the things insured.

(b) "Insurable interest" as used in this section means any actual, lawful, and substantial economic interest in the safety or preservation of the subject of the insurance free from loss, destruction, or pecuniary damage or impairment.

(c) The measure of an insurable interest in property is the extent to which the insured might be damnified by loss, injury, or impairment thereof.

Notes of Decisions
Cited in 15 cases (3 in the last 5 years), 1985–2023 · leading case: Horace Mann Ins. Co. v. Adkins, 599 S.E.2d 720 (W. Va. 2004).
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Horace Mann Ins. Co. v. Adkins, 599 S.E.2d 720 (W. Va. 2004). · cites it 2× “, W. Va.Code § 33-6-3 l(k) (1998) (Repl.Vol.”
Am. States Ins. v. Tanner, 563 S.E.2d 825 (W. Va. 2002). · cites it 2× “During its First Regular Session of 2002, the West Virginia Legislature clarified this statutory provision.”
Perkins v. Doe, 350 S.E.2d 711 (W. Va. 1987). · cites it 2× “W.Va.Code § 33-6-3 l(e)(iii) (Supp.1986).”
Daniel W. Thomas v. William Ray McDermitt & State Farm Mut. Ins., 751 S.E.2d 264 (W. Va. 2013). · cites it 2× “See generally W. Va.Code § 33-6-3 ld(a) (1993) (Repl. Vol.”
Mitchell v. Broadnax, 537 S.E.2d 882 (W. Va. 2000). · cites it 2× “2d at 892 (quoting W. Va.Code § 33-6-3 l(k)) (alterations in original).”
Burrows v. Nationwide Mut. Ins., 600 S.E.2d 565 (W. Va. 2004). · cites it 2× “See W.Va.Code § 33-6-3 ld(b) (requiring insurance applicant to "complete, date and sign the form [offering underinsurance] and return the form to the insurer within thirty days after receipt thereof").”
Russell v. State Auto. Mut. Ins., 422 S.E.2d 803 (W. Va. 1992). “West Virginia Code § 33-6-3 l(k) specifically provides that "[n]othing contained herein shall prevent any insurer from also offering benefits and limits other than those prescribed herein, nor shall this section be construed as preventing any insurer from incorporating in such…”
Lee v. Saliga, 373 S.E.2d 345 (W. Va. 1988). “As phrased by the parties, the other certified questions seek an interpretation of the physical contact requirement provided for under W.Va. Code, 33-6-3 l(e)(iii). We do not reach these questions of West Virginia law, as we find Pennsylvania law to be applicable.”
Lusk v. Doe, 338 S.E.2d 375 (W. Va. 1985). “West Virginia Code § 33-6-3 l(e)(i) & (ii) provide: (e) If the owner or operator of any motor vehicle which causes bodily injury or property damage to the insured be unknown, the insured, or someone in his behalf, in order for the insured to recover under the uninsured motorist…”
Metro. Prop. & Liab. Ins. v. Acord, 465 S.E.2d 901 (W. Va. 1995). “Thus, utilizing the above-referenced definitions, we hold that in order to be a custodian as contemplated by West Virginia Code § 33-6-3‘l(a), a person must be entrusted, either expressly or impliedly, by the named insured or his spouse with the possession of the motor vehicle.”
Mark A. Musick v. Univ. Park at Evansdale, 820 S.E.2d 901 (W. Va. 2018). “Additionally, he asserts that liability and casualty insurance are the responsibility of UPE, and under West Virginia Code § 33-6-3, the purchaser of insurance must have an insurable interest in the property insured.”
Farmers & Mechanics Mut. Ins. v. Marlon Allen, Sr., 778 S.E.2d 718 (W. Va. 2015). · cites it 2× “An insurable interest, as it relates to property, has been defined as “any actual, lawful, and substantial economic interest in the safety or preservation of the subject of the insurance free from loss, destruction, or pecuniary 15 damage or impairment.”
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W. Va. Code § 33-6-3(b): 1 case
Farmers & Mechanics Mut. Ins. v. Marlon Allen, Sr., 778 S.E.2d 718 (W. Va. 2015). “An insurable interest, as it relates to property, has been defined as “any actual, lawful, and substantial economic interest in the safety or preservation of the subject of the insurance free from loss, destruction, or pecuniary 15 damage or impairment.”
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