All insurers providing fire insurance on real property in West Virginia shall be liable, in case of total loss by fire or otherwise, as stated in the policy, for the whole amount of insurance stated in the policy, upon such real property; and in case of partial loss by fire or otherwise, as aforesaid, of the real property insured, the liability shall be for the total amount of the partial loss, not to exceed the whole amount of insurance upon the real property as stated in the policy. This section does not apply where such insurance has been procured from two or more insurers covering the same interest in such real property.
W. Va. Code § 33-17-9
Total or partial fire loss
Applied in 3 court decisions — leading case 178 W. Va. 268 - Filiatreau v. Allstate Insurance (1987)
Most recently applied in 150 F. Supp. 2d 907 - SAYER BROS., INC. v. St. Paul Fire & Marine Ins. Co. (July 2001)
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: West Virginia Legislature. Reproduced from public-domain West Virginia statutes; confirm against the official source for the current text. Not legal advice.