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Confidentiality for domestic violence victims

New York Insurance Law §2612 provides important protections to persons who may be subject to domestic violence. These protections include prohibiting an individual, insurer or entity supervised by the Department of Financial Services, solely because a person is or has been a victim of domestic violence, from:

  1. Refusing to issue or renew, deny or cancel any insurance policy or contract,
  2. Demanding or requiring a greater premium or payment from any person,
  3. Designating domestic violence as a preexisting condition for which coverage will be denied or reduced, and
  4. Using the fact that a person is or has been a victim of domestic violence as an underwriting criterion.

Securian Life Insurance Company, Balboa Life Insurance Company of New York and American Modern Life Insurance Company (collectively the “Companies”), all supervised by the Department of Financial Services, are subject to this law.

A victim of domestic violence, the legal representative of the victim, or, if the victim is a child, the child’s parent or guardian, may request to receive policy information or claims-related information by providing an alternative address, telephone number, or other method of contact. The requestor may submit directly to the Companies a valid Order of Protection (“Protective Order”) or a reasonable request, via phone or writing, stating that disclosure of any policy or claims-related information could endanger the individual or his/her family.

If a victim of domestic violence, the victim’s legal representative, or a child’s parent or guardian, delivers to the insurer a valid Protective Order or a reasonable request for confidentiality, the insurer is prohibited for the duration of the Protective Order or request from disclosing certain personal information to the person against whom the Protective Order or request applies. Without the express consent of the person making the request, an insurer may not disclose: (1) the address and telephone number of the impacted individual; (2) the nature of the services provided to the impacted individual; or (3) the name or address of the person or entity providing services to the impacted individual.

Procedure

Please mail a valid Protective Order or reasonable request to the address shown below. For all requests, please send a written explanation of your request, with your phone number, mailing address and email address, if any, to:

Securian Financial Group, Inc.
Attn: Chief Privacy Officer
400 Robert Street North
Saint Paul, MN 55101

If the victim of domestic violence chooses to revoke the Protective Order or reasonable request, he/she must submit a written request to the Companies at the address listed above.

The phone numbers for the New York State Domestic and Sexual Violence Hotline are: