On this page, you will find our policy information for the following:
4. New York Confidentiality Protocols for Victims of Domestic Violence
Acceptance of Terms
To the fullest extent permissible pursuant to applicable law, the materials and software on this website are provided on an "as is" or "as available" basis and without warranties of any kind, either express or implied. W. R. Berkley Corporation disclaims all warranties, express or implied, including, but not limited to, any implied warranties of merchantability and fitness for a particular purpose. W. R. Berkley Corporation does not warrant that the website’s functions will be uninterrupted, non-infringing, or error-free, that any such defects will be corrected, or that this website or the server that makes it available are free of viruses or other harmful components.
All information on this website, including all surveys, benchmark reports, educational materials, risk reports, and/or actuarial analysis and reports, is for general informational purposes only and is not offered as legal, accounting, or other professional advice.
The descriptions of any products and services on this website, including any sample forms or wordings, are not necessarily intended to be complete descriptions of all applicable terms, exclusions, and conditions and are provided solely for general informational purposes. Any statement regarding insurance coverage herein is subject in all respects to the specific terms and conditions of the actual applicable policy or product or service agreement. Complete policy terms are available upon request.
While W. R. Berkley Corporation uses reasonable efforts to include accurate and up-to-date information on this website, errors or omissions sometimes do occur. W. R. Berkley Corporation does not warrant or make any representations regarding the use or the results of the use, of any of the materials on this website in terms of their correctness, accuracy, reliability, or otherwise. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you if you are a resident of any such state. You may also have other legal rights that vary from state to state.
Limitation of Liability
To the fullest extent permissible pursuant to applicable law, you understand and agree that under no circumstances, including, but not limited to, negligence, shall W. R. Berkley Corporation or the Company be liable to you for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages that result from the use of, or the inability to use, the materials on this website, even if W. R. Berkley Corporation or the Company or an authorized representative of W. R. Berkley Corporation or the Company has been advised of the possibility of such damages. W. R. Berkley Corporation also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property as a result of your access to, use of, or browsing of this website or your downloading of any materials, data, text, images, video, or audio from this website. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
This website may contain hyperlinks to other websites which are not owned or maintained by W. R. Berkley Corporation. W. R. Berkley Corporation is not responsible for the content or privacy practices of such websites. These hyperlinks are provided solely for your convenience and do not imply W. R. Berkley Corporation’s approval or endorsement of such sites or the content therein. We do not control such websites, and assume no responsibility for their content or accuracy, even though a Berkley business’s name or logo may appear on certain pages of such third-party sites. We accept no liability for any information, products, advertisements, content, services, or software accessible through such third-party websites or for any action you may take as a result of linking to any such website. We recommend that you carefully read the privacy policies and user agreements of these sites, which will solely govern your use thereof.
Ownership of Information
Consent to Communicate Electronically
By utilizing or providing your contact details through our website, you are consenting to receive communications from us electronically. You acknowledge that electronic communications may not be encrypted and there is a risk that data, including e-mail, electronic and wireless communications, and personal data, may be accessed by unauthorized third parties. We may communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Users who do not wish to be contacted electronically may revoke this consent by notifying [email protected].
Restriction on Use of Materials
This website is owned and operated by W. R. Berkley Corporation. Except where otherwise indicated, all materials and software contained in this website, as well as their collection, arrangement, and assembly, are the copyrighted property of W. R. Berkley Corporation or the Company and are protected by the U.S. and international copyright laws. No materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or otherwise commercially exploited in any way, except with the express written consent of W. R. Berkley Corporation. You may download material displayed on this website for your personal use only, provided that you do so without alteration, for non-commercial purposes only, and that all copyright and other proprietary notices appear in all copies in the same manner as the original. All other uses are prohibited.
You may not distribute, modify, transmit, reuse, repost, or use the content of this website for public or commercial purposes, including text, images, audio, and video, without W. R. Berkley Corporation’s prior written permission. We neither warrant nor represent that your use of materials displayed on this website will not infringe the rights of third parties.
You are prohibited from (i) using this website for any unlawful, unauthorized, fraudulent, or malicious purpose; (ii) using this site in a method that could damage, disable, overburden, or impair any server, or any network connected to a server; (iii) interfering with another person’s use and enjoyment of this website; (iv) using data mining, robots, or similar data gathering and extraction tools with respect to any portion of the website; (v) gaining unauthorized access to accounts, computer systems, or networks connected to any server or systems; or (vi) accessing materials, systems, data, or information not intended by W. R. Berkley Corporation to be accessible to you or through any means not intentionally made available by W. R. Berkley Corporation.
In addition, in using this website, you agree you will not: (i) upload or transmit any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity; (ii) create a false identity for the purpose of misleading others or impersonate any person or entity, including but not limited to any Company representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (iii) upload or transmit any material that you do not have a right to reproduce, display, or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); (iv) upload or introduce files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or the property of another; (v) upload or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation, commercial or otherwise; (vi) violate any applicable local, state, national, or international law or regulation; (vii) upload or transmit material that infringes any patent, trademark, service mark, trade secret, copyright, or other proprietary right of any party; or (viii) harvest or otherwise collect information about others, including e-mail addresses.
All trademarks, service marks, trade names, logos, and icons are proprietary to W. R. Berkley Corporation and/or the Company. This proprietary information includes the Berkley.com domain name, logos, page headers, and graphics. Use of the trademarks, service marks, trade dress, or other logos displayed on this website, without prior written authorization of W. R. Berkley Corporation or as otherwise provided herein, is strictly prohibited.
Any software accessible through this website is the property of W. R. Berkley Corporation, the Company, or outside suppliers, and is protected by U.S. intellectual property laws and/or international treaties. Use of this software other than to utilize and navigate this website for its intended functions is prohibited, and you agree not to access this website’s content by any means other than the interface W. R. Berkley Corporation has provided. You agree not to copy, distribute, publicly display, alter, modify, decompile, disassemble, or reverse engineer or otherwise attempt to discover the source code of this software. W. R. Berkley Corporation does not authorize the downloading or exportation of any software or technical data from this website to any jurisdiction where such activity is prohibited by export laws and regulations. Accordingly, you shall not copy, transfer, or export this software in violation of any applicable export laws and regulations.
Passwords and Security
W. R. Berkley Corporation requests that you do not send it any information that you consider to be confidential or proprietary through this website or by email. You acknowledge that there is a risk that information provided through the website may be accessed by unauthorized third parties because such information is not encrypted. Please note that if you do send us any such information or material, we will assume it is not confidential. By sending us information or material, you grant W. R. Berkley Corporation an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute this material or information, and you also agree that W. R. Berkley Corporation is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.
Surplus Lines Products
Certain products described in this website may be underwritten by U.S.-based surplus lines insurers. Consequently, these products are sold on a surplus lines basis only, which means that they are available only through properly licensed excess and surplus lines brokers and in accordance with applicable surplus lines laws.
Surplus lines insurance is intended to meet customer needs for high risk and specialized insurance products not available from the conventional market. Surplus lines products are offered only by 'non-admitted' insurance companies which are not licensed to do business in the states in which their products are sold. Surplus lines carriers do not generally participate in state guaranty funds and thus insureds are not protected by such funds.
Except as expressly stated herein, the information contained on this website is not an offer to sell or a solicitation of an offer to buy any security, insurance product, or other product or service by W. R. Berkley Corporation or the Company. No security, insurance product or other product or service is offered or will be sold by W. R. Berkley Corporation or the Company or, if sold by such entity, will be effective in any jurisdiction in which such offer, solicitation, purchase, or sale would be unlawful under the securities, insurance, or other laws of such jurisdiction. Those who choose to access this website do so by their own initiative and are responsible for compliance with local laws. Unless otherwise expressly set forth herein, W. R. Berkley Corporation makes no representation that the materials on this website are appropriate or available for use in any location. Due to various insurance and other regulatory restrictions, certain products and services described on this website may vary by jurisdiction and may not be available in or suitable for all jurisdictions. Further, we make no representation that materials on this website are appropriate for use outside the United States, or that access to this website’s content is legal in all countries and/or territories. You may not use this website or export its materials in violation of United States export laws and regulations. Please contact a designated representative of W. R. Berkley Corporation or your broker to find out which products and services are available to you in your jurisdiction.
Safe Harbor Statement. This website may from time to time contain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995 (U.S.), which provides a statutory "safe harbor" for forward-looking statements. Any written or oral statements made by or on behalf of the Company reflect current views with respect to future events and financial performance. These forward-looking statements are subject to uncertainties and inherent risks that could cause actual results to differ materially from those contained in any forward-looking statement. Please refer to W. R. Berkley Corporation's filings with the U.S. Securities and Exchange Commission, including the most recent Forms 10-K and 10-Q, and any Forms 8-K since the most recent Form 10-K, for further information on such uncertainties and inherent risks and the "safe harbor" under the Private Securities Litigation Reform Act of 1995.
Choice of Law
Agreement to Arbitrate
This Policy applies only to information received and collected by W. R. Berkley Corporation through this website.
W. R. Berkley Corporation respects the privacy of our website visitors, and we are committed to protecting our visitors' personal information. We want you to understand how and why we collect, use, and disclose the information we obtain about you from this website.
Personal Information W. R. Berkley Corporation Collects Online
Through this website, we may collect two types of information: non-personal information and personal information. Personal information is information that identifies or can be readily associated with a particular individual.
At times, W. R. Berkley Corporation may ask you to provide a limited amount of personal information that could identify you, such as your name, address, e-mail address, and/or policy information. This information is collected only when you voluntarily provide it.
Personal information may be required for the use of certain services or to process certain transactions on this website. Users who do not wish to provide the required information are free to decline to provide such information, but may not be able to take advantage of the specific service or engage in that sort of transaction online as a result.
The personal information we collect may vary depending on how you use our website. Such information may include:
- Information we receive from individuals, such as their name, address, phone number
- Information about individuals’ transactions with us, with our affiliates, or with others, such as policy coverage, premium
Some customers may decide to allow us and/or certain of our strategic business partners to contact them by e-mail or telephone to keep them updated on our business. If you give us permission to share your e-mail address or other information with our business partners, they may also contact you with a variety of offers that may be of interest to you.
How W. R. Berkley Corporation Uses the Personal Information it Collects
We may use personally identifiable information from you for a limited number of purposes, including providing you with services or information and/or providing you with other information, opportunities, or services that may be of interest to you. We may also use the information we collect to respond to e-mails, provide customer support, and other similar business purposes.
Personal information you provide through this website may be combined with other personal information that we collect or receive about you through other methods, and such combined personal information may be used as described in this Policy.
Collection and use of Non-Personal Information
Non-personal information is information that does not identify an individual and cannot be readily associated with a particular individual.
Data may be gathered using cookies and other similar technologies. A “cookie” is a piece of data that a web server may place on your computer when you visit a website. Cookies are commonly used by websites to improve the user experience. Many cookies last only through a single website session, or visit. Others may have an expiration date, or may remain on your computer until you delete them. Our cookies will track only your activity relating to your online activity on this website. Our cookies do not gather personal information.
You can decide if and how your computer will accept a cookie by configuring your preferences or options in your browser. You may change your browser settings to either reject cookies or notify you when a cookie is about to be placed on your computer. However, if you choose to reject cookies, you may not be able to use certain of our website’s features. This information does not include your name, e-mail address, or any other personal information.
W. R. Berkley Corporation also collects IP addresses as part of our efforts to maintain and improve the website. IP addresses are usually identified and logged automatically whenever a visitor accesses the website. The time of the visit and the page(s) visited may also be logged.
In addition to the information we collect automatically, we also obtain non-personal information that you provide to us online – for example, when you use our tools and calculators or communicate with us through the website. In some cases, we automatically retain the cookie information and/or the information you provide to us online – for example, to complete a transaction you requested or to keep historical records of your past transactions. In other cases, for example, when you use our tools and calculators, we only retain the cookie information and/or information you provide if you request that we do so for your use in subsequent sessions.
Confidentiality and Security of Personal Information
We utilize physical, electronic, and procedural safeguards to protect your personal information and guard against its unauthorized access. However, no transmission of information over the Internet can be guaranteed to be totally secure, and we cannot ensure or warrant the security of any such transmission to the website. When you disclose information to us online, you do so at your own risk. If you have any reason to believe that your interaction with us is no longer secure, contact us immediately at: [email protected].
This Policy applies only to information collected through this website. It does not apply to any information you provide to websites on which W. R. Berkley Corporation advertises, nor does it apply to information we collect through other communications with you, including e-mail communications, phone calls, or non-electronic written communications.
W. R. Berkley Corporation reserves the right to change this Policy at any time without notice. Depending on the nature of the change, we may or may not announce the change on the home page of the W. R. Berkley Corporation website. You can determine when this Policy was last revised by referring to the "Last Updated Date" below. It is your responsibility to visit the link at the bottom of the home page of this website to periodically review the most current version of this Policy.
Any changes to this Policy are effective upon the posting of the revised Policy on the W. R. Berkley Corporation website. By continuing to use this website following such changes, you will be deemed to have agreed to the changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using this website.
(Pursuant to the California Consumer Privacy Act (CCPA))
This Policy applies only to information received and collected by W. R. Berkley Corporation (“Berkley”) from residents of the state of California.
In this policy, when we refer to “we”, “us” or “our”, it means one or more businesses of W. R. Berkley Corporation (“Berkley business” or “business”).
When we refer to “you” and “your” in this policy, we mean a resident of the state of California whose personal information we may collect. More information about W. R. Berkley Corporation businesses can be found on www.berkley.com/businesses/.
Personal Information we Collect
Below are the categories of personal information that one or more of the Berkley businesses collect in the course of performing insurance services. Not every Berkley business collects, uses, or shares every category of personal information.
- Identifiers - such as name, address, social security #, driver’s license #, etc.)
- Other Sensitive Information under California Law - Examples: physical description, financial information, medical information, etc.
- Characteristics of protected classifications under California or federal law - Examples: race, sex, color, religion, national origin, marital status, etc.
- Biometric information - Examples: fingerprints, keystroke patterns, gait patterns, sleep/health data, etc.
- Geolocation Data - Information to identify physical location
- Audio, electronic, visual, thermal, olfactory, or similar information - Examples: audio and video recordings
- Professional or employment-related information - Example: job history
- Education information - information not publicly available as defined under federal law
- Commercial information - Examples: records of personal property, products, and services purchased or obtained, etc.
- Internet or other electronic network activity information - Examples: browsing/search history, visitor’s interaction with a website, etc.
- Inferences drawn from any of the other categories of information - use of any of the above categories to create a profile about a consumer
Sources of Personal Information
Below are the categories of sources of the personal information that one or more of the Berkley businesses collect in the course of performing insurance services. Not every Berkley business uses all of these sources to collect personal information.
- Directly from you;
- From other individuals;
- From service providers;
- From policyholders;
- From third parties you select to provide services to you or represent you, such as medical providers, lawyers, contractors, and public insurance adjusters.
The Purposes for Collecting Personal Information
Berkley businesses collect personal information for the purposes listed below. Not all Berkley businesses collect personal information for every purpose listed.
- To perform insurance services for policyholders, beneficiaries, and claimants;
- To offer insurance products and services;
- To maintain and improve quality of services;
- For purposes of security;
- To detect and prevent fraud and improper use;
- To conduct internal research;
- To identify and repair errors;
- To comply with laws and regulations.
Categories of Personal Information Disclosed to Third Parties
Berkley businesses may disclose personal information to the following categories of third parties. Not every Berkley business discloses every category of personal information to every third party listed.
Categories 1-9 of Categories of Personal Information (listed above) may be disclosed to the following third party(ies):
- Federal, state, and local government entities;
- Third parties you select to provide services to you
Categories 10-11 of Personal Information (listed above) may be disclosed to the following third party(ies):
- Federal, state, and local government entities
Berkley businesses may disclose any or all of the categories of personal information listed above to its affiliates and service providers. The service providers used by Berkley businesses may include: insurance agents; entities that provide insurance policy and claim-related products and services; and, other individuals and entities that assist them in providing insurance products and services or the operation of their business.
Information Regarding the Sale of Personal Information
Berkley businesses have not sold the personal information of California resident consumers to any third parties in the preceding 12-month period from the date of this Notice.
To their actual knowledge, Berkley businesses have not sold personal information of children under 16 years of age in the preceding 12-month period from the date of this Notice.
Consumer Rights Under the CCPA
California residents have the following rights under the CCPA, relating to their personal information collected by Berkley businesses:
- The Right to request that a Berkley business disclose what personal information about a consumer it collected, used, disclosed, and sold;
- The Right to request a copy of the specific personal information it collected and holds.
- The Right to request that a Berkley business delete the personal information that the business has collected about the individual consumer or household.
- The Right to Non-Discrimination for the exercise of a consumer’s privacy rights.
Methods for Exercising Your Rights
You may submit requests to receive information about, or to delete the personal information that a Berkley business has collected about you, in either of the following ways:
- Toll-Free Phone: Call our Berkley Insurance Company toll-free phone number: 800-866-2308
- Select Option 5 from the options menu.
- Online Request Form: Click HERE and you will be taken to a webpage where you may enter your request directly into our online request form.
In order to submit a request you will need to provide some basic information, including: (i) basic contact information; (ii) to which Berkley business you are making the request (including the type of service it is providing to you and a policy or claim number, if you have one); (iii) the type of request you are making (whether you want to know the categories of personal information collected about you, you want a copy of the specific personal information collected about you, or you want the business to delete personal information collected about you); and (iv) whether you would like to receive a response to your request by email or regular mail.
Use of Authorized Agent. You may designate an authorized agent to make the requests identified above. To do so, you will need to either:
- Written Authorization: Provide us a written document authorizing another individual to submit a request on your behalf, and the verification information identified in the Request & Verification Process in this Policy;
- Valid Power of Attorney: You or your authorized agent may provide us with a valid power of attorney that complies with the provisions of sections 4000-4465 of the California Probate Code.
The Request and Verification Process
Once you have submitted a request, we will contact you in order to confirm receipt of your request and to verify and match you to personal information that a Berkley business may have collected about you within the last 12 months.
The degree of verification needed will depend on the type of request you make, and the nature of the personal information we have collected. We will usually need to match at least two or three pieces of personal information to the personal information contained in the Berkley businesses’ records. We may also ask you to sign a form of sworn declaration in certain instances, if you request us to send you a copy of the specific pieces of personal information we have about you, or to delete certain types of personal information.
If we decline to fulfill your request, in whole or in part, for any reason required or permitted by the CCPA, we will notify you of the reason we are declining to fulfill your request. If we can partially fulfill your request, we will do so.
We will attempt to fulfill your request within 45 days. If we are unable to do so within the 45-day period, we will notify you that we need some additional time (up to 45 additional days), along with an explanation why we need the extra time.
New York Confidentiality Protocols for Victims of Domestic Violence and Endangered Individuals
New York Insurance Law Section §2612 prohibits insurers from taking certain actions against a person solely on the basis that he/she is a victim of domestic violence and requires insurers to establish certain confidentiality protocols for these individuals. Specifically, this law states that if a victim of domestic violence covered by an insurance policy delivers to the insurer that issued the policy, a valid order of protection against the policyholder or other person covered under the same policy, the insurer is prohibited for the duration of the order from disclosing to the policyholder or other covered person the address and telephone number of the victim, or of any person providing covered services to the victim. If the victim is a child, then the confidentiality rights established by this law also extend to the parent or guardian of the child.
If you are a victim of domestic violence and are covered by an insurance policy issued by us, you may provide us with an alternate address, telephone number or other method of contact. If you have a valid order of protection against another person covered by the same insurance policy issued by us, then you may provide us with a copy of the order, asking that we not disclose your contact information to such other person.
Any alternate contact information or order of protection may be sent to us by sending that information to the following address:
Chief Compliance Officer
W. R. Berkley Corporation
475 Steamboat Road
Greenwich, CT 06830
For additional information, you may also contact the New York State Domestic Violence Hotline at (800) 942-6906.