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FOR IMMEDIATE RELEASE
July 11, 2006
Contact: Tracy Polovick
Coordinator of Communications and Outreach
(717) 787-8524
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Vance Effort for Domestic Violence Victims Comes to Fruition

HARRISBURG – Insurance companies would be prevented from denying claims of domestic violence victims whose spouses cause property damage under legislation signed by the governor and championed for years by Sen. Pat Vance (R-Cumberland/York).

"It is gratifying to see this legislation finally signed into law," Vance said. "Domestic violence victims suffer tremendously at the hands of their abusers. They should not be victimized again by insurance companies."

Act 78 of 2006, which is similar to Senate Bill 363, which Vance sponsored, 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 law also allows the insurer not to release the victim's location and notify the victim at least 14 days before any legal action is taken against the abuser.

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."

The law takes effect in early September.

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.