New Mexico Domestic Abuse Insurance Protection Act
In New Mexico, the Domestic Abuse Insurance Protection Act (DAIPA) is a state confidentiality law that regulates the use of confidential abuse information by insurers and insurance support organizations. If an EMC customer has been involved in domestic abuse, DAIPA protects his or her confidential information.
This is a summary notice of the rights of a domestic abuse protected person under the DAIPA. EMC will provide a full version if requested.
Confidential abuse information refers to information about acts of domestic abuse or abuse status and also includes the telephone number, work or home address of a victim of abuse. The term additionally includes the status of an applicant/insured as a family member, employer or associate of a victim of domestic abuse or a person with whom an applicant or insured is known to have a direct, close, personal, family or abuse-related counseling relationship.
Protected persons include: (1) any person who is a victim of domestic abuse and notifies the insurance company that he or she has been a victim of domestic abuse and is (a) a named insured on a policy or a certificate holder; (b) an owner of a policy; (c) an applicant for a policy; (d) a claimant; (e) a person seeking coverage under a policy subject to the DAIPA and its regulations; or (2) a person or entity who provides shelter, advocacy, counseling or protection to victims of domestic abuse.
EMC may receive confidential domestic abuse information from sources other than the protected person when processing your application for insurance or when investigating a claim for insurance benefits. Sources include, but are not limited to, medical records, police reports, interviews and insurance support agencies. Under the DAIPA, we are prohibited from using any confidential abuse information, or your status as a victim of domestic abuse, as a basis for denying or refusing to insure, renewing or reissuing, canceling or otherwise terminating your policy, restricting or excluding coverage or charging a higher premium for a policy.
You have the right to access and correct all confidential domestic abuse information we may have about you. If you wish to designate yourself as a domestic abuse protected person under the law, contact us. You will remain in this status until you cancel your request. As a protected person, confidential abuse information, including your contact information, will remain confidential. EMC has procedures to protect you against illegal or unauthorized disclosure of confidential abuse information. We will disclose and transfer this information only in accordance with state and federal laws.
If you wish to be designated as a protected person, receive a more detailed notice about the DAIPA, access your confidential abuse information or amend your confidential abuse information, send a written explanation of your request, the applicable policy number, the policyholder's name, along with your phone number, mailing address and email address, if any, and signature and date to:
EMC Insurance Companies
717 Mulberry Street
Des Moines, IA 50309-3872
For further information on domestic violence services, contact The New Mexico Coalition Against Domestic Violence (NMCADV).
New Mexico Coalition Against Domestic Violence
1210 Luisa Street, Suite 7
Santa Fe, NM 87505
[secure mailing address]
1000 Cordova Place, #52
Santa Fe, NM 87505
Phone: (505) 246-9240
24-hour crisis/shelter hotline: 1-800-773-3645
National Domestic Violence Hotline: 1-800-799-SAFE(7233) or TTY 1-800-787-3224