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FOR IMMEDIATE RELEASE
March 18, 2005
Contact: Tracy Polovick
Coordinator of Communications and Outreach
(717) 787-8524
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Vance Continues Fight for Domestic Violence Victims

HARRISBURG – Sen. Patricia Vance (R-Cumberland/York) recently introduced legislation that would prevent insurance companies from denying claims of domestic violence victims whose spouses cause property damage under legislation

"Domestic violence victims should not be victimized again by insurance companies," Vance said. "This legislation will help prevent that from happening. If the damage had been caused by anyone else, a victim would have little trouble having the insurance claim approved."

Senate Bill 363 establishes a statutory prohibition against an insurance company's refusal to pay a homeowner's claim arising out of damage caused by an abusive spouse.

Property and casualty insurers typically deny claims resulting from an intentional act by the policyholder. This exclusion was developed to prohibit a person from intentionally damaging his or her own property in order to receive a financial gain.

The bill also gives authority to the Insurance Commissioner to determine if other policy limitations or exclusions should be considered discriminatory against victims of domestic violence. The Governor's Policy Office and Insurance Commissioner support the legislation.

In 1997 the state Superior Court ruled insurance companies do not have to pay such claims. It wrote, "We cannot permit our sympathy to cloud the plain language of both (homeowners' and auto) policies. Nor can we force insurance companies to insert language in every policy they write to provide coverage for all innocent insureds. Such action is more properly left to our legislature."

Vance's district includes all of Cumberland County and Carroll, Fairview, Franklin, Monaghan, Warrington and Washington townships and Dillsburg, Franklintown and Wellsville boroughs in York County.