NY Domestic Violence Regulation
New York Insurance Law, section 2612, prohibits insurers from discrimination based on being a victim of domestic violence. This law states that no insurer, solely because a person is or has been a victim of domestic violence, may:
- refuse to issue or renew, deny or cancel any insurance policy;
- demand or require a greater premium or payment from any person; or
- designate domestic violence as a preexisting condition, for which coverage will be denied/reduced.
The fact that a person is or has been a victim of domestic violence is not a permitted underwriting criterion. This law also contains protections for victims of domestic violence regarding health insurers who receive a valid order of protection against the policyholder. The insurer is prohibited for the duration of the order from disclosing to the policyholder the address and telephone number of the insured, or of any person or entity providing covered services to the insured. The insurer should also honor a reasonable request by a person covered by an insurance policy to receive communications of claim related information by alternative means or at alternative locations if the person clearly states that disclosure of all or part of the information could endanger the person.
If any person covered by a Homesite insurance policy, issued to another person as the policyholder, delivers to Homesite a valid order of protection in the State of New York, against the policyholder, Homesite shall be prohibited for the duration of the order from disclosing to the policyholder the address and telephone number of the insured, or of any person or entity providing covered services to the insured. If a child is the covered person, the right established by this provision may be asserted by, and shall also extend to, the parent or guardian of the child.
Below are the applicable Protection Protocols Request Procedures for a person who is or has been a victim of domestic violence:
- Any covered person, or the parent/legal guardian of a covered child, or a legal representative of such covered person or child, may submit in writing a reasonable request that the covered person's/child's address, telephone number, email addresses, other designated personally identifying information, the nature of the health care services provided, and the name, address, and telephone number of providers of the health care services, should not be provided to the policyholder or other insureds covered by the policy.
- The request should be made by faxing a copy of the order of protection to Homesite at 1-877-273-2984. If you are unable to fax a copy of the order, please email the request to firstname.lastname@example.org or mail it to us at Homesite Insurance, P.O. Box 5300, Binghamton, NY 13902-9953.
- Once a valid request has been received and implemented, a requestor may only revoke the prior request by submitting to us a written sworn statement revoking the request.
For additional assistance, please contact the New York State Domestic and Sexual Violence Hotline.
NYS Domestic and Sexual Violence Hotline: 1-800-924-6906
Spanish language: 1-800-942-6908
In NYC: 1-800-621-HOPEor dial 311
Please be advised that the employees at Homesite have up to three business days to implement the necessary protocol to secure your contact information and other confidential identifying information.
Insurance fraud is an act committed with the intent to deceive an insurer for the purpose of profit or gain. Insurance fraud could involve making false representations on an insurance application, inflating an insurance claim, and billing for services never rendered.
Code of Alabama Currentness
Title 27. Insurance. (Refs & Annos)
Chapter 22. Property Insurance Contracts. (Refs & Annos)
Article 3. Alabama Homeowners Bill of Rights Act. (Refs & Annos)
§ 27-22-42. Policyholders bill of rights.
The following shall serve as the minimum standards to be followed by the Alabama Department of Insurance in exercising the department's powers and duties in regulating insurance companies pursuant to Chapter 12. The Department of Insurance and insurance companies shall post this list or an electronic link of this list on their respective websites. These standards include the following:
- Policyholders shall have the right to competitive pricing practices of insurers as prescribed by applicable federal or state insurance law and regulation.
- Policyholders shall have the right to insurance advertising and sales approaches that provide representative information on the policy in accordance with Chapter 12.
- Policyholders shall have the right to assurance that the insurance market in general and their insurance company in particular are financially stable as provided in Section 27-12-7.
- Policyholders shall have the right to receive service from licensed producers in accordance with Chapter 7, and to request the license status of an insurance company or producer.
- Policyholders shall have the right to a policy as prescribed in Chapter 14, to receive a complete policy, and to request a duplicate or replacement policy, if needed.
- Policyholders shall have the right to receive in writing from their insurance company the reason for any cancellation of coverage and a minimum number of days' notice of cancellation of coverage, subject to applicable federal or state insurance law and regulation.
- Policyholders shall have the right to cancel their policy and receive a refund of any unearned premium. If a policy was funded by a premium finance company, the unearned premium will be returned to the premium finance company to pay toward the policyholder's financing loan.
- Policyholders shall have the right to a written notification, at renewal, describing changes in their insurance contract language that are applicable to the renewal period.
- Policyholders shall have the right, in the event of a claim, to reject any settlement amount offered by the insurance company.
- Policyholders shall have the right to select their licensed contractor or vendor to repair, replace, or rebuild damaged property covered by the insurance policy.
- Policyholders shall have the right to file a written complaint against any insurance company with the Department of Insurance and to have that complaint reviewed by the Department of Insurance.
- Policyholders shall have the right to file a written complaint against any insurance producer with the Department of Insurance and to have that complaint reviewed by the Department of Insurance.
(Act 2012-510, p. 1521, § 3.)
The act which added this section was approved by the Governor on May 22, 2012. For effective date, see the Code Commissioner's Notes preceding § 27-2-40.
Ala. Code 1975 § 27-22-42, AL ST § 27-22-42
Current through Act 2014-457 of the 2014 Regular Session.