About PIAJoin PIAContact usSite map
ConnecticutNew HampshireNew JerseyNew York
Education Events Government, industry affairs Member resources Products, services Young professionals
Ask PIA materials are available to PIA members only. If you have not yet registered for MEMBER-ONLY services from PIA, click here now.

Below is a listing of the topics that are available. Simply click on the document title to select the appropriate questions and answer. This index is updated on a regular basis.

We recommend using Internet Explorer 5 or higher or Netscape 6 or higher

 
Search
 
 
 
Print: Select index:CT NH NJ NY
 

New question


New York Table of contents:
Agency managementAgency terminationAutoAuto no-faultBanksBondsCancellation / nonrenewal issuesCertificates of insuranceClaimsCommercial autoCommercial liabilityCommercial linesCommercial propertyCommissionsCompany appointmentsContracts and agreementsCoverage issuesCredit reportsDisabilityEducationEmployment practices liabilityErrors and omissionsExcess and surplus linesFloodFraudGarage liabilityGaragekeepersGuaranty associationsHealthHomeowners/dwellingI.D. cardsIndustry-related issuesInland marineInternet/technology issuesJoint insurance fundsLegislative/regulatory issuesLicensingLife InsuranceLiquor liabilityMedical malpracticePersonal autoPersonal linesPersonal umbrellaPrivacy issuesRental car coverageRisk retention groupsService feesTaxesTerrorism issuesTrust accountsWindstorm catastropheWorkers’ compensation


Back to Top
Agency management
...
Must an insurer that implements an online insurance policy de...
900221-00 - Scanned documents
Are scanned documents admissible in court?...
...
...
Back to Top
Agency termination
...
Back to Top
Auto
Will a policyholder lose the credit for completing a defensive-driver course if a chargeable accident occurs within the three years allowed for the cr...
My insured's discount for taking the defensive-driving course expires next month. However, she resides out-of-state for part of the year and won't be...
We were asked to insure three household vehicles, and the risk must be placed in the New York Automobile Insurance Plan. One of the vehicles is not re...
I get confused by New York...
My insured is in the New York Automobile Insurance Plan. The company incorrectly surcharged both the prior year's policy and the current policy. We go...
Our client is involved in a personal auto claim that has been going on for more than 45 days. The police report states that the other driver left the...
310068-00 - After-market parts
An adjuster called my insured offering to repair his car using after-market parts. Can the company do this?...
I have an insured in the New York Automobile Insurance Plan (NYAIP) who has taken an approved defensive-driving course. The course allowed him to redu...
While my insured was out riding his bike, he hit and damaged a car. Which policy pays—his auto or his homeowners?...
I have NYAIP clients who are two brothers living together. Each owns and operates his own car. For the previous three-year assignment with Company A,...
Our insured recently purchased a used vehicle, which then was totaled in a crash. The company is offering less than the book value of the car, based o...
On a theft settlement, is it legal for a company to deduct amounts for the extended warranty, alarm and anti-theft jack? Shouldn't these items be cove...
Our insured's car was totaled. The insurer is saying it will deduct $500, salvage value of the car, from the insured's settlement, and our insured wil...
Our auto insurance companies have lists of vehicles they refuse to insure. Suppose one of our existing clients buys one of these vehicles?...
A company has denied a claim for supplementary uninsured motorists (SUM) coverage benefits because our insured accepted a settlement from the at-fa...
What is the required time frame for paying an auto theft claim when the vehicle is not recovered?...
An employee of a trucking firm was arrested because he was driving a truck on which the coverage had la...
Under New York's vicari...
What are the minimum limits for wrongful death in New York state under a personal auto policy?...
Our insured's car was parked and hit by someone from...
I have been told that our agency can never recommend a specific repair shop when a customer needs repairs to a vehicle following a collision. Is this...
My clients insure a vehicle, used by their son at college, on a personal auto policy. The parents are planning to leave the country for two years....
My insured was driving his pickup when he was forced to stop...
Could you clarify what the Joint Ownership Coverage (PP 03 34) endorsement to the ISO Personal Auto Policy is designed to do?...
900005-00 - Betterment clause
In an auto physical damage claim, the insurer wants to use nonoriginal equipment manufacturer parts and the claimant does not want them. So, the compa...
Our insured's vehicle was hit while parked. We reported the loss to the negligent party's carrier to collect on a third-party basis. The company co...
If an insured has an auto policy written with Symbol 7 for comprehensive coverage in the ISO Business Auto Coverage Form (10/01), a comprehensive loss...
I recently read about a new Florida law (Section 627.7263, amended by c. 95-157) that allows the rental company to make a renter's Personal Auto Po...
900212-00 - Falling object
As a car is driving down the highway behind a truck, something flies off the truck. The car can't avoid...
How can auto insurance companies discriminate and charge different rates for credit, age, gender, etc.? Is that really legal?...
900271-00 - Travel trailers
I have two insureds that have pickup trucks insured under a business auto policy in their business name...
Back to Top
Auto no-fault
If there were individuals traveling as passengers in a church bus, taxi or limo, and they were injured...
Our client was injured in an automobile accident and has been collecting under his Personal Injury Protection (PIP) coverage. He has been receiving mi...
310110-00 - PIP deductible
Is the $200 Personal Injury Protection (PIP) deductible applied per person in the car? If so, who pays for the passengers' deductibles? Are the rules...
What determines the state the benefits will apply to? For example, if we have an insured that is in New Jersey that has an officer with a company c...
310119-00 - Company car
We have an individual who lives in New York (works and drives a company car that is registered in New Jersey but is garaged in New York) and does not...
We have been made aware of a claim against one of our insureds, where a pedestrian who tested positive for drug use walked out into the path of a car...
We have an insured who slipped and fell on the ice in a hotel parking lot. He submitted a claim to the hotel and sent all his doctor bills, etc., to t...
310247-00 - Motorcycle PIP
Our agency has noticed that some motorcycle policyholders who come to our office for an insurance quote have OBEL coverage on their current policy. Is...
If a child is injured in a vehicle used to transport school children, and the vehicle has a seating capacity of less than 15 passen...
The Pennsylvania PIP benefits appear to be very similar to New York where the PIP benefits follow the car. Please confirm....
900208-00 - Borrowed pickup
A client that has a personal automobile policy that includes New Jersey personal injury protection borrows a pickup truck that is owned by a corporati...
Back to Top
Banks
I'm sick of seeing those bank come-ons where they give customers a small amount of "free" accident insurance and try to get them to buy more. I though...
How much insurance can a mortgage lender require a mortgage applicant to have?...
Can a bank in New York state advertise its customers are eligible for a discount on insurance products?...
I have a bank requesting a 'severability of interest endorsement' on a general liability policy for a co-op building. We are seeing this more often fr...
Our client received his FEMA claim check and when he attempte...
Back to Top
Bonds
I had a company contact me about a requirement that it says applies to one of our insureds, to carry $500,000 for fiduciary liability. I had never hea...
One of my clients has asked to have a meeting about his bond requirements. He is not a contractor. What kind of bonds could he need and what do I need...
...
Back to Top
Cancellation / nonrenewal issues
An insurance company sent a homeowner client of ours a nonrenewal notice. It was mailed on Oct. 1, and the policy expiration date is Nov. 30. Is this...
What is the minimum-earned premium rule of premium-financed policies?...
A client insured under a commercial package policy was sent a notice of cancellation for nonpayment. The insured then sent the company a check that bo...
Is an insurance company required to issue its own cancellation notice to the policyholder when a premium-financed policy is canceled for nonpayment?...
Can a company, after the renewal date, issue a cancellation notice for nonpayment of a New York personal auto policy renewal premium; and, if the prem...
An insured paid a deposit premium with his personal check and premium financed the balance. The premium-finance company subsequently canceled the poli...
We have a company that frequently misses the deadline for issuing nonrenewal notices on commercial-lines policies. In these cases, they issue brand-ne...
Is there any special rule requiring an insurance company to notify the policyholder due to nonpayment of premium, where the policy is paid by the mort...
In New York state, how long is a binder good for?...
Is there is any rule requiring an insurance company to reinstate a policy that has been canceled due to nonpayment of premium?...
We issued a binder for a client. Ultimately, they decided to go with another carrier instead. This was a year ago. The company is billing for the earn...
After an accident, a company learned that one of our personal auto policyholders has had an undisclosed youthful driver in the household for the past...
A company recently sent a nonrenewal notice to a personal-lines customer. In order to say that the company gave at least 45 days’ notice, we would hav...
As an insurance wholesaler, our firm accepts business from licensed insurance brokers. If we terminate a broker’s agreement, is the broker entitled to...
When a nonpayment notice is issued, may an insurer add-in the next installment of a personal auto premium, on top of the amount already past due, so t...
Can a company cancel an auto policy on renewal because an insured had an at-fault accident during the policy term?...
310290-00 - Increased premium
Is a real estate E&O claims-made policy subject to the statutory requirement of 60 days’ notice for an increase in premium of more than 10 percent...
Is an insured's failure to comply with an insurer's recommendations, in and of itself, a valid basis for canceling a new or renewed commercial lines i...
Which cancellation procedure would be more advantageous to our client on a large, premium-financed comm...
Are workers' compensation policies subject to the cancellation/nonrenewal rules of New York State Insurance Law Section 3426?...
...
...
...
...
During the first 60 days a commercial-lines insurance policy is in effect, how many days written notice must be given for the policy cancellation and...
...
Can an insurance carrier cancel a homeowners policy due to a catastrophe loss?...
...
When a client decides to change from one policy to another—firing the old agent and hiring a new agent—which agent should complete...
Is a company required to cancel flat when the policyholder presents evidence that another policy was obtained for the same risk, and became effective...
After two years of a policy being in force, can an insured request to back date cancellation two years. The insured has stated he has a duplicate poli...
Back to Top
Certificates of insurance
...
May an insurance agent add terms to a certificate of liability insurance without violating the Insurance Law?...
We frequently are asked to issue a certificate of insurance for contractors. If there are excluded operations (roofing, for example), should these be...
Suppose a certificate holder requests additional insured coverage on the business auto policy, as well as the general liability policy. Can I just sta...
Will there be a need to amend any wording on the certificate of insurance in response to the new additional insured endorsements?...
If “primary” coverage is already built into most subcontractors’ general liability policies, why won’t their insurance carriers allow us to add “prima...
When issuing a certificate of insurance, how much information about the insured’s coverages do we need to list on the certificate? For example, their...
Many of my clients are subcontractors, and are being requested by the general contractor to have certificates of insurance that sometime go beyond the...
If we indicate that a contractor is an additional insured on a certificate of insurance and there is a blanket additional insured endorsement on the p...
We received a certificate of insurance with the following statement stamped on the back page:...
In these economic times, we have a number of clients looking to reduce their umbrella limit on a midter...
Back to Top
Claims
Please give some insight as to how to respond to and protect our insureds when a carrier sends a reservation of rights letter on a claim....
My client was involved in an automobile accident that was the complete fault of the other party. He has received a letter from the adjuster of the oth...
My client had someone get injured on his property that initially resulted in a $1,500 reserve being placed on his commercial general liability policy....
Back to Top
Commercial auto
Does a Business Auto Policy (BAP), endorsed with drive-other-car (DOC) coverage, afford...
My insured has a New York Automobile Insurance Plan garage dealers policy and wants to add two private-passenger vehicles, registered in the...
Under a New York Automobile Insurance Plan garage dealers policy, can I obtain broad-form CGL coverage like the coverage which is available in the vol...
Under the New York Automobile Insurance Plan's SRDP procedures, can the producer issue a certificate for Permit 17? (Permit 17 shows compliance with D...
I have an insured who is a crane operator. His crane comes under the definition of mobile equipment and needs special plates from the Department of...
My insured has a garage dealer policy and has signed up for the DMV-approved defensive-driver course. He wants to know if he will get a 10 percent dis...
Does the pollution exclusion apply to the Business Auto Policy (BAP) and truckers coverage policy in New York?...
Our insured, a vehicle dealer, maintains a tow truck solely to move its own stock around. Does the insured have to purchase New York's special tow tru...
The Who Is An Insured (A.1) provision of Section II—Liability Coverage in the Business Auto Coverage form (CA 00 01) states that an insured is anyo...
We insure a moving company with an ISO Truckers Coverage Form. The movers damaged a building while carrying furniture off a truck and getting it insid...
How are I.D. cards for self-insured entities handled?...
Under the Business Auto Policy (BAP), could you discuss the difference between using Symbol 1, as compared to Symbols 7, 8 and 9, to indicate whether...
Will a business auto policy (BAP) cover a named insured under a personal auto policy, if the BAP covers autos with a Symbol 1 and if the named insured...
My insured submitted a claim on a commercial auto policy. The insured doesn’t have a personal auto policy, because all of their four cars are corporat...
If an employee with a furnished auto needs to obtain a temporary substitute auto, will that situation be covered under the Business Auto Policy (BAP)?...
900048-00 - Stated amount
An antique auto insured under a Business Auto Policy was stolen. The amount the insurer offered was less than the stated value. Is this correct?...
An employee of our commercial auto policyholder had an accident in his personal vehicle. Our policyholder has two policies through t...
I was wondering what coverage issues arise when I permit a valet parking attendant to drive my vehicle. If there is an accident, how will my policy...
When using ISO form CA 02 40—Suspension of Cover...
On a business auto policy, if a customer borrows a motorcycle that is owned by a corporation (named ins...
...
I have a commercial insurance client who has recently co-leas...
Back to Top
Commercial liability
Our client will be setting up tourist information centers in connection with a big local music festival. These booths will be staffed throughout the d...
A question has arisen due to a suit by a subcontractor's employee against the general contractor for negligence in maintaining the premises. How can t...
What is the New York Insurance Department's position on insuring acts such as discrimination?...
Is an insurance company permitted to offer a policy in which the defense costs could exhaust the limits of the policy, leaving nothing to pay the clai...
Our client is the 100 percent owner of one corporation and a 50 percent owner of another. The business of these two entities are not related and there...
Can you tell me what the statute of limitations is in the state of...
Are policies issued in the Free Trade Zone and policies issued by excess-line insurers subject to the restrictions on policy terms found in Regulation...
I am concerned about the coverage afforded by the commercial general liability policy (CGL) for foreign liability situations. My insured does business...
We are getting conflicting opinions from various sources regarding coverage under the Commercial General Liability (CGL) coverage form. Specifically,...
Does the Commercial General Liability Policy (CGL) cover new locations and operations of an insured automatically? Is coverage limited to the classifi...
We insure a beauty salon under a Commercial General Liability Policy. One day, robbers walked in and took a $10,000 ring worn by one of the salon's cl...
What is the proper use of the Additional Insured – Controlling Interest (CG 20 05) endorsement?...
Our insured has been charged with patent infringement. Will this be covered under Coverage B of the ISO Commercial General Liability Coverage Form?...
We'd like an interpretation of Coverage B—Personal and Advertising Injury Liability of the ISO Commercial General Liability Coverage...
We have an insured who signed a contract to defend, hold harmless and indemnify a client for any liability actions, including action...
We have an insured with an ISO Commercial General Liability (CGL) occurrence policy. The insured is a steel fabricator and erector who does some weldi...
Can a commercial general liability policy insured waive subrogation in a separate contract without impacting coverage under the policy?...
One of our clients is leasing a warehouse facility. The terms of the lease have insurance requirements that include "Civil Assault and Battery" covera...
What can and can't a company require by way of business records in connection with a premium audit? Our company wants to see copies...
I'm confused by the various triggers for coverage used on an Insurance Services Office Inc. (ISO) Claims-Made Commercial General Lia...
Our insured was installing a sign for a business when the sign slipped. The sign scraped a wall going down, causing $12,000 worth of damage. How wo...
We insure a day camp for children. The insurance company denies that the Medical Payments coverage under the Insurance Services Office Inc. (ISO) Comm...
Our insured is involved in a thi...
My tenant client has an ISO Commercial General Liability Coverage Form (CG 00 01 10 01) and a proprietary blanket additional insured endorsement. Do t...
Could you provide a definition of "fire legal liability" with respect to a Commercial General Liability Policy (CGL)? Our insureds are asking what it...
We write a Commercial General Liability (CGL) policy for a contractor with a $500,000 liability limit. He engaged a subcontractor wi...
Does adding someone as an additional insured automatically preclude coverage for the additional insured when the named insured’s personal property is...
When contractors go out of business, we always recommend they buy "discontinued operations liability coverage," i.e., for products completed operation...
900220-00 - Carpet damage
My client is a carpet cleaner, who goes to locations to clean carpets. We have submitted a claim for a carpet which was damaged by his cleaning. The c...
I have a general liability policy that the date of inception was November 2003. At that time we supplied the insurance carrier with all named insureds...
From a coverage standpoint is it better to rely on the silence of a Commercial General Liability Policy for professional coverage if it is not exclude...
I was doing a little research and I see that the 2007 edition of the ISO Commercial General Liability C...
We were recently informed that the blanket ISO endorsement CG 20 33 is not really a blanket additional insured endorsement at all and that it only cov...
Back to Top
Commercial lines
Is there any law relating to an insurer's requirement to furnish loss runs?...
My insured on a package policy got a conditional renewal notice saying that the new premium will probably exceed last year's premium...
New York's policyholder protections regarding cancellation, nonrenewal and advance notice of premium increases—do they apply to policies written in th...
Could a material misrepresentation on an application for a commercial policy be grounds for denying a claim presented under the policy?...
Our client is a law firm. On the renewal application for their claims-made professional liability coverage, one of the partners failed to disclose a s...
Are ocean marine policies governed by any New York law that spells out cancellation procedures?...
Changes are being made to the terms of a $10 million umbrella policy we sold. The client has not been notified of these changes by the company. I thou...
There was a New York court decision this past year (or two) that interpreted all additional insureds to have primary coverage if coverage for the name...
How many years’ worth of loss information must a commercial insurer provide upon request? Can a prospective insurer ask for more information than the...
We are moving a commercial policy to a new carrier. Suddenly the old carrier wants six years’ worth of records from the insureds so they can do premiu...
Should a standard six-story apartment building in New York ha...
A company sent a notice of conditional renewal to our commercial client. The notice included the client’s right to get loss runs, but said “there may...
What are the rules for increasing the premium on a commercial-lines policy during the policy term?...
Can a commercial-lines policy be cancelled for nonpayment of the prior year's unpaid audit premium?...
May a company reduce a claim payment by the amount of premium owed on the policy?...
We insure a senior residence that was damaged. The residents had to be housed at another location at a cost exceeding the rental value of the residenc...
Would a flood trigger business interruption coverage?...
Under the Business Income Coverage (BIC) form, how do we help a client decide between insuring ordinary...
Please clarify the difference between an additional insured and an additional named insured....
Have you ever heard of a coverage called "leader"? An adjuster suggested that our insured should have this....
What can you tell me about "floor plan" insurance?...
If a general contractor’s contract with a subcontractor contains a hold-harmless agreement that includes “any and all claims” (there is no restriction...
900094-00 - Bankrupt client
We'd like to know what the insured's obligation is to the insurance company for premiums if the insured goes through Chapter 11 bank...
A gas station with a package policy sustained a loss when a power surge shorted their computer equipment. It turned out that a tree limb on the premis...
Suppose that more than one company under common ownership was insured under a commercial package policy and the company that was listed as the first n...
We have an insured with an umbrella policy for $4 million in coverage, over a $1 million primary policy. If the carrier providing the underlying polic...
Our insured's car was hit when another driver ran a stop sign. The police report and a witness' stateme...
What would be the guidelines for deleting an additional insured from the policy?...
Please clarify the relationship between contractual liability and the additional insured endorsement with regard to completed operations coverage....
Could you explain the changes in the Amendment of Insured Contract Definition (CG 24 26) endorsement?...
In view of the fact that ISO's revised additional insured endorsements exclude the sole negligence of the additional insured, is it correct to say tha...
Are Risk Retention Groups subject to states' insurance laws and regulations regarding cancellation, nonrenewal and other policyholder protections?...
...
Back to Top
Commercial property
When a policy is canceled, must the fire insurance fee be returned?...
My insured has a rental property insured in the New York Property Insurance Underwriting Association (NYPIUA). The property suffered extensive water d...
Our company writes a landlord policy for three- and four-unit residential dwellings. We will be raising the rates on these policies. Are they subject...
Can we send in a renewal application on a policy that is subject to the anti-arson application requirement that simply states "no change" in the anti-...
It would be appreciated if you could confirm that, in order for an insurance carrier to deny coverge under a habitational real estate package policy f...
We wrote a commercial policy in September. In December, after the policy had been in effect for more than 60 days, the insured got a midterm cancellat...
Under the ISO...
We have an insured, a tenant written with a Commercial Package Policy (CPP) (special form). A large fire started with a lamp in the tenant's area. The...
900070-00 - Debris removal
We need your interpretation of an ISO Commercial Property Insurance form (CP 00 10), with respect to th...
900107-00 - Burst pipe
We have a claims dispute over a commercial property loss. The building owner submitted a claim for an incident in which a pipe burst underground, resu...
If a carrier adopts a change to a commercial property policy that broadens coverage, when does the change affect in-force policies?...
900109-00 - Lightning damage
Lightning hit an electric line leading to an air-conditioning unit on the roof of a building. The unit was damaged. The company claims Exclusion 2.a....
We have a pet shop insuring its p...
At an E&O seminar I attended, the instructor mentioned the "functional replacement cost" endorsement. Could you explain the use of this endorsemen...
My client leases space but owns and operates a large medical-imaging machine, valued at about $900,000, which is installed at his leased premises. I q...
We insure a manufacturer under a Commercial Property Policy (CPP). The manufacturer invoiced his customer on March 31 for $200,000 in stock, with an a...
I just ran into a new term. Could you tell me what a "liquidated damage clause" is? This involves an alarm company contract. The alarm company wants o...
900211-00 - Glass coverage
The new property form now includes building glass coverage. Is it accurate that there is no way to buy back the deductible or eliminate the per-p...
I place coverage for many clients that pay a considerable amount of money to make improvements in the buildings they lease in order to accommodate the...
900226-00 - Permanent fixture
We recently received a denial on a commercial property claim for wind damage to a gate, which is perman...
My question is whether the definition of “your business personal property” in ISO form CP 00 10 include...
We have had a claim denied where our insured owns a commercial property. The central alarm system alerted the local volunteer fire department to the s...
Back to Top
Commissions
Can an unlicensed business entity buy into an insurance agency?...
A business entity approaches an insurance agency. The business entity has clients that need a particular type of insurance. For each policy written, t...
I understand that insurance producers must be licensed and ap...
Back to Top
Company appointments
What must an insurance company do for a New York-licensed insurance producer to act as an agent for the insurance company?...
Back to Top
Contracts and agreements
We have always advised our general contractor clients to have their subcontractors sign a hold harmless...
Could you give us a brief refresher course on subrogation receipts and what it means when our insured signs one?...
I just found out, after speaking with my underwriter that they suspended my binding authority upon completion of the development of the change that I...
What is the propriety of a company asking our agency to share with it information about the business we write with other companies?...
Quite often, when a carrier updates their website there appears to be a contract or agreement that we must accept before advancing in their Web site....
...
900334-00 - Binding authority
...
Back to Top
Coverage issues
My elderly client had her car vandalized and she is having a tough time absorbing the $500 deductible. Is there any recourse under...
...
...
...
...
On a DP-3 form, are there any exclusions that apply to the liability coverage, with respect to a vacant property? We understand the property coverage...
An insured contacted us to let us know of the purchase of a new vehicle and that he was trading in the old one shortly? Our insured also informed us t...
Is there any type of insurance available that covers a business in the event of a widespread flu outbreak?...
We often receive requests from the unit owner of a condo that their mortgagee wants to be added as an additional insured on the condo association's po...
While backing up, I ran into the garage door we just installed. Do I submit the claim to our auto or homeowners insurance carrier?...
Could an insurer deny a homeowners policy claim for damage caused by a condition in improvements made to the home for which the homeowner neglected...
...
What does the coinsurance value of 125 percent on a business policy mean?...
...
900324-00 - Loss of use
...
How does Additional Living Expense coverage react in the case where the loss occurs at a seasonal or secondary location?...
Back to Top
Credit reports
An insurer uses a policyholder's credit information in rating personal auto or homeowners insurance. How often (in the absence of a request by the pol...
...
Back to Top
Disability
If an employed individual is injured off the job while occupying a vehicle, should notice of loss be given to the disability benefits insurer in addit...
We insure a business that is a one-person corporation. He will be working in North Carolina for awhile. Does North Carolina have a statutory disabilit...
We have a client based in New Jersey. The company has six employees working out of their home i...
Back to Top
Education
Is there a special requirement in New York to sell products approved for the New York State Partnership for Long-Term Care?...
...
Does the New York State Department of Financial Services' new policy about not being able to use the same course twice affect the ability to use “brid...
Back to Top
Employment practices liability
In comparing employment practices liability policies, I have noted references to the federal Workers' Adjustment and Retraining Noti...
...
Back to Top
Errors and omissions
Our agency always has sent out a letter to insureds when we get a copy of a cancellation notice from a carrier reminding the insured that the premi...
I am selling my book of business to another agency and will be working for them under their name. What is my liability if a claim should arise on a po...
Back to Top
Excess and surplus lines
I am having a very hard time placing a specialty line. I think I have found a market, but it is with a nonadmitted comp...
Do excess-line brokers have to file premium tax statements if they have placed no business?...
After coverage has been bound, may an unauthorized insurer increase the premium of a commercial property/casualty insurance policy that was written th...
For risks that do not automatically qualify for the excess-line market, I continue to hear somewhat conflicting information about the need for and com...
A company has issued a conditional renewal notice on a commercial policy. The purpose of the conditional renewal is to require the renewal to be issue...
Some of the brokerages advise that they do not require a new application for insurance annually. We have been requiring our clients to review and s...
Back to Top
Flood
...
Does an insurance agent have the duty to recommend flood insurance?...
900058-00 - NFIP sewer backup
How can we get better coverage for sewer backup? Is it covered under the flood policy?...
What is the NFIP Community Rating System?...
What is the difference between the WYO flood program and that offered by the National Flood Insurance Program? Are private insurance carriers insuring...
Is federal flood coverage available for commercial property?...
My client’s car was damaged in the hurricane. Specifically, it was caught in a flood and was inundated with water. What should the client expect for i...
My client has just experienced a loss due to a flood. Is there a time constraint when they must notify the carrier of their loss?...
What is the difference in coverage if water backs up through a drain or sewer due to heavy rainfall, such as a hurricane, and water that backs up due...
One of our insureds has a homeowners policy and a flood policy and suffered a total loss. On the homeowners policy, the carrier is not allowing use of...
Under the NFIP Flood Insurance Policy, what items are covered in the basement of the dwelling?...
With regard to flood insurance, would there be coverage for property to include finished basements, decks or wa...
What happens in the event a building sustains substantial damage from a flood, and the inhabitants are required to meet certain building requirements...
Will the NFIP Flood policy cover storm damage to a seawall or...
...
My homeowner clients who have suffered only flood damage are...
...
...
...
Is mold covered by my National Fl...
...
...
Recently, I have been getting a lot of differing information on the National Flood Insurance Program flood policies. I heard that the NFIP policy does...
Back to Top
Fraud
310322-00 - Fraud reporting
Do licensees have a duty to report suspected fraudulent insurance acts? ...
In response to the recent fraudulent acts committed by Wall Street profiteer Bernard Madoff, it appears that some investment advisors/brokers are tell...
Back to Top
Garage liability
Regarding garage liability for auto dealers—what is "unlimited customer liability coverage"?...
Back to Top
Garagekeepers
I have a client who operates a garage where they service all different kinds of vehicles, from family cars to trucks, ATVs and even forklifts. If any...
Our client is seeking coverage under a garagekeepers liability policy for a valet parking operation at a country club. The operation will use a lot th...
900116-00 - Selecting limits
Our client, a business that installs car radios, has a garage policy which includes garagekeepers coverage. One night, he gave an em...
I have a client who operates a garage where they service all different kinds of vehicles, from family cars to trucks, ATVs and even forklifts. If any...
Back to Top
Guaranty associations
Does the New York Property/Casualty Insurance Security Fund have to provide the same liability limits required by federal endorsement MCS 90 on trucke...
Can you explain the protections afforded to policyholders of insolvent life insurers?...
The insurance company's home office is in another state, but the company is licensed in New York. Are policyholders protected by New York's Life Insur...
For a separate account variable annuity contract (i.e., where the funds are invested separately from those of the company and the annuitant bears all...
A 401(k) plan includes a fixed interest option funded by a guaranteed investment contract issued by a life insurance company to the employer. Will the...
A husband and wife each have an annuity contract worth $300,000. Does the $500,000 cap on the protection of New York's Life Insurance Company Guaranty...
Back to Top
Health
310092-00 - Newborn coverage
We have noticed that our health insurance companies have various procedures when it comes to covering newborns. Some require the insured to provi...
Is New York's health insurance continuation law the same as COBRA?...
What notice is an employer required to give to employees, when it terminates its employees' group health plan?...
How much notice must be given to nonrenew or cancel a group health insurance policy in New York state?...
900127-00 - COBRA basics
Which employers are subject to COBRA rules? How long does COBRA entitlement last?...
900128-00 - ERISA pre-emption
We are trying to help a client with a health claim. The family is insured under a self-insured health trust based in Pennsylvania, e...
One of our insureds has a New Jersey individual health insurance policy. He has a pre-existing condition. He is considering moving to another state. D...
Back to Top
Homeowners/dwelling
My client has a 1979 mobile home on a nice piece of property. The bank wants a replacement-cost guarantee in the amount of $47,000 to cover the amount...
If the condo association insures common property only for broad form perils, how could the unit owner be protected for assessments made for damage cau...
Can a nonowned (rented) residence be added to an HO -24 70 "additional residence rented to others" endorsement as a rental in a sub-lease situation?...
If a company chooses to nonrenew a homeowners policy, how many days' notice must they give?...
I am a terminated agent. I thought that the company that terminated my agency was required to renew my homeowners policies through me for three years...
If a company missed its opportunity to nonrenew a homeowners policy when the three-year required policy period was up, can they now cancel midterm...
We received a request from a bank to cancel a homeowners policy. Our insured is refinancing a mortgage, and the bank says our insured must have a one-...
I am a terminated agent. Can the company nonrenew our homeowners risks? If so, how much notice do they have to give?...
How do I cover building items for a condominium rented to others?...
I'm concerned about the mortgagee notice provisions in the Insurance Services Office (ISO) homeowners contracts. The policy language states, "...
We have a client who had homeowners insurance since 1993 through an insurer with less than an A rating from A.M. Best. The mortgage was acquired last...
Our client was trying to pull his boat out of the water (his property is directly on the water). First, he borrowed a neighbor's truck, but the tru...
When can a homeowners insurer unilaterally re-value the home?...
I have a homeowners insured with a roof claim who has a detached garage and there is considerable shing...
Why does an umbrella claim related to an auto accident show up in the CLUE report for the client’s homeowners policy? We are unable to get homeowners...
Under the various ISO homeowners policies, there is automatic coverage for an “insured location,” which includes vacant land in its definition. If the...
What is the maximum limit available for a dwelling and contents coverage in the New York Property Insurance Underwriting Association (NYPIUA)?...
...
900013-00 - Condominium unit
If a condo unit owner owns what is described as a "box of air," why is Coverage A needed for a "box of air"?...
How can the executor of an estate be covered under homeowners...
My insureds are renting a Girl Scout Lodge to give a dinner party with about 30 people. It's a strictly social occasion. They want to know whether the...
My insured owns his residence, which we insure with a homeowners policy. He also owns, in common with his brother, another house which they rent out (...
900023-00 - Horses
I recently received a marketing newsletter that implied that horses are not covered for liability under a homeowners policy if they are away from the...
Do I really have to see the insurance requirements in the association bylaws? Can't I just call and ask a condo association representative?...
My insured has been sent to a nursing home, and it looks like he will be there several months. Will thi...
My insured’s car was hit and damaged by a bicyclist. To which policy—household auto or homeowners—should my insured look to recover for the damage cau...
In reviewing the HO 00 06, the question has come up whether or not an HO 00 06 policy with an HO 17 33 endorsement would cover furniture that is rente...
A tree fell onto my insured’s property as a result of the wind. His policy will cover the removal of the tree under the additional debris removal cove...
What is "vacant land" as referred to in the homeowners policy? This is important, because vacant land is automatically covered as an "insured location...
There was a $20,000 property loss at one unit of a condominium and the association policy has a $25,000 deductible. The association now wants the u...
My customer lives in a trailer park and owns a golf cart. Will his homeowners policy cover him while using the golf cart to visit his neighbors in the...
900044-00 - Fallen tree
Because of weakness caused by termites, a tree fell from a neighbor's yard onto our insured's home. Should our insured make a liability claim against...
900047-00 - Long-term absence
I have a homeowners client who is going to Europe to attend medical school. While he is gone, his cousin will occupy the home. Are there any coverage...
I have been asked to insure a home that was left to three adult children in their father's will but is to be occupied by their mother under a life est...
Has there been a change in homeowners coverage for trees that are blown down but don't land on a structure? We think we saw something to this effec...
This question concerns a homeowners policy. A brother had leased a home to his sister for life. The home burned and the sister was killed. The brother...
Our insured owns a two-family home. She lives in one apartment most of th...
My homeowners client, with a home that was built in 1893, is on a guaranteed replacement cost policy. Over the past four years, the company has re-app...
My insured has purchased a time share in a condominium and wants to add this premises to his homeowners policy. The underwriter says no. Could you exp...
My customer's home was extensively damaged by fire while covered under an HO-3 homeowners form. Repairs have commenced while the insured is living at...
If a homeowner hires a general contractor to renovate or build a home, what is the appropriate additional insured endorsement that the general contrac...
Why do I need to know the statutory requirements for condominiums?...
900130-00 - Debit cards
Is a debit card treated the same as a credit card with respect to the homeowners policy "Additional coverages," Item 6, "Credit card, electr...
We insure a young couple who are living in a home purchased for them by their parents. The home is titled in the parents' names, but...
We have an insured who has set up an office in her detached garage (she is a Mary Kay salesperson). Mary Kay is providing insurance...
We have an insured with an HO-3 policy. He is planning to have a "carnival" for kids in his large side yard. He plans to invite sele...
We're wondering just how to interpret the Business Pursuits (HO-71) endorsement. What additional protection could this endorsement giv...
In the HO-3 policy, is there coverage for a baseball card collection? Our insured has a collection that is valued at about $35,000 a...
Our client had a homeowners claim involving a break-in. The $855 loss included $800 in cash stolen and $85 to repair the window. The policy was writte...
We have clients who are getting a divorce. Their home is in the wife's name only. However, the wife has moved out while the husband...
Do the ISO dwelling policy forms (DP-1, DP-2 or DP-3) provide the same $500 additional coverage for tree removal as the ISO homeowners forms do?...
Our client has purchased an HO-2 policy on his home. He could not keep up with his mortgage payments, so the bank proceeded to foreclose on the loan a...
My homeowner client had a five-inch thick and two-by-three-foot cement slab in front of his fireplace. The whole thing suddenly fell into the basement...
Our client is a woman who is divorced but continues to live in a house owned by her ex-husband. Can we write an HO-3 policy for her?...
900142-00 - Row houses
We want to insure the owner of some row houses. Does the liability portion of an HO-4 policy cover a person who owns and occupies a one-, two-, three-...
We deal with a lot of condominium associations and HO-6 policies. We see more and more condo associations executing agreements that state they will no...
We had an insured who was driving along a major...
Our insured's motorcycle was parked on the street. Somebody stole helmets, gloves and tools from the cycle. We put a claim into the...
A family's dog accidentally knocked a can of oil into their swimming pool. The oil caused major damage to the liner, lines, pump and...
Our client has an HO-3 policy. A tree fell on power lines leading to their house, which caused a power...
Is an above-ground pool covered on the homeowners policy under Coverage B—Other Structures, or Coverage C—Personal Property? I've be...
Our insured's mother came to visit, planning to stay for a month or maybe longer. The mother slipped and fell. How long would the mo...
Our homeowners clients have a detached garage with an apartment above it where their son lives. Will the son have the same coverage as the parents reg...
Our insureds left their car parked on a street during a period of significant rainfall. Water in the street got so high that it damaged personal co...
My homeowners policyholder has a sewer that runs across a neighbor's property to connect with the main. He has an easement that auth...
If a tenant of the insured's residence causes water damage to the home, can the homeowners insurer subrogate against the tenant for...
Our insured is moving from an apartment (which she is still responsible for under her lease until the 31st of the month) into an assisted living apart...
Will the HO-4 policy purchased by a tenant cover the landlord's furnishings in a rented dwelling?...
If our clients sell their home and make an agreement with the buyers to continue living there for two months, paying rent, would we need to change the...
My homeowners clients are planning to vacation out of the country. Does their homeowners coverage apply worldwide?...
A condominium association has experienced a property loss for which there may not be adequate insurance coverage. An assessment to unit owners has not...
Are the insurance requirements always located in the association bylaws?...
Are fences owned and installed by the unit owner insured on a replacement-cost basis? What will be the Coverage A limit if none is specified on the ap...
Should the unit owner purchase earthquake and flood coverage?...
Why won't a high loss assessment limit cover an assessment for a large deductible on the association policy?...
Will an umbrella policy cover loss assessments?...
How much ordinance or law coverage should be purchased on a unit-owners (HO-6) policy?...
My client has an HO-6 policy—named perils for structures and contents. I'd like to offer the Unit Owners Coverage A Special Coverages (HO 17 32) endor...
Does anyone have some good examples of what would be covered under a homeowners policy with an HO 00 15 form that would NOT be covered without this?...
900200-00 - Sewer back up
I have an insured whose toilet backed up during flooding conditions in our area. There was no surface water, just the water backing up through the tol...
Is there any coverage provided under the HO-3 for damage to an underground water pipe connection from the town/city water line to the home if the pipe...
I have an attorney that is requiring a binder before he can give a closing date. No coverage has been bound because the insured does not own the prope...
900210-00 - Service vehicle
I have an insured who owns an all-terrain vehicle that is being used as a utility vehicle on their property (three acres with a barn and horses). How...
Does the named insured need to obtain an HO-4 policy for a temporary residence for contents, while her home that was destroyed by fire is being repair...
900215-00 - Coverage C limits
In an ISO HO-3 policy under Coverage C special limits of liability #5, it states a sublimit of $1,000 for loss by theft of jewelry, watches, furs, etc...
900223-00 - Wine collections
My client has asked if his wine collection, valued at $300,000, would be covered under his HO-3 policy. I’m not sure if this would be covered under Co...
I am writing a California condominium unit owners policy. The insured is not interested in earthquake coverage on his contents; however, because the a...
We have insureds refinancing their homes and the mortgagee is requesting a binder prior to setting the closing date. We could change the mortgagee on...
900248-00 - Neighbor's tree
I have a homeowners insured and their neighbor has a dead tree on their property that is leaning toward the insured's home. The insured has contacted...
We have an insured who owns two condo apartments in the same building. Both are for his use. One is his primary residence and the other he uses every...
We have a client who is building a new house on a vacant lot he owns. He currently is renting and has an HO-4 policy. We asked the carrier if this HO-...
An insured suffered a covered swimming pool loss where the liner had to be replaced. Of course, to get to the liner, the water had to be drained. Ther...
900279-00 - Driveway easement
I have a client who is buying a house directly in front of another house. The other homeowner must travel about 10 feet on the client’s driveway to...
If a tenant provides all of the maintenance and upkeep on a home he is renting and, in return, the owner of the home provides a discounted rent, is th...
900284-00 - Sump pump
A client just completed a $25,000 basement refinishing project. They are looking to make sure they have adequate coverage for it. Aside from flood...
900285-00 - Cyber bullying
Would a homeowners policy provide coverage in the event an insured is accused of cyber-bullying?...
Do you have any resource documents showing why to insure a home for reconstruction replacement cost vs. the market value or the differences between th...
Could you explain some of the differences between the HO-2 and HO-3 forms?...
900296-00 - Boat rental
An insured called to ask if they have coverage for renting a boat for one week at a l...
Is there coverage under the homeowners policy when water backs up into an insured home, due to the overflow or the incapacity of the sewer system to h...
Where do I find coverage for rainwater that gets into a home due to wind damage to the structure?...
...
900314-00 - Theft of a lawn
...
...
...
What if my house is unoccupied due to the storm, and a fire or any other type of loss happens—will I st...
I have a homeo...
I heard that I...
Back to Top
I.D. cards
310144-00 - DMV code numbers
Is there a quick, online look-up site that displays DMV code numbers for auto insurers?...
How do we get Canadian insurance identification cards?...
Back to Top
Industry-related issues
I contacted ChoicePoint/Lexis Nexis Insurance Exchange to pull an MVR for a client, but was told that I needed to have a “sponsoring company” bef...
Back to Top
Inland marine
We insure a publisher who is sending out copy by auto for layout off-premises. If the copy were damaged in transit, the publisher could suffer a major...
Back to Top
Internet/technology issues
Must an insurer that implements an online insurance policy delivery...
I keep hearing about Real Time and comparative rating; but, I’m unsure what each of these terms really means and how they differ. Could you please exp...
I have a client that is asking for cyber coverage. What is cyber coverage?...
Back to Top
Joint insurance funds
I have always understood that it is illegal to "roll-on" coverages without the insured's consent. Am I correct?...
Back to Top
Legislative/regulatory issues
I think they raised the amount we can spend on agency promotional items such as calendars, etc. What is...
I noted in a recent PIA Reporter the April 15 annual deadline for agencies to file reports of commissions received on public entities' insura...
What rules govern the return premiums when a premium-financed policy is canceled for nonpayment? Is the return premium calculated on a pro-rata basis?...
While investigating a claim submitted by one of our auto insurance clients, the company found that there was earned premium due on the policy. The com...
We soon will be getting involved in an auto insurance program that is available to the employees of a company on a payroll-deduction basis. We are won...
One of our insureds is being investigated in connection with a suspected arson fire. Our office is in New York but the property that burned is in New...
If a personal-lines policyholder has been given a discount based on belonging to a certain group, then the policyholder quits belonging to the group,...
Is it legal for an insurance agent to accept a gift from a glass company in New York?...
We have an insurance company that is telling people where to go for their glass repairs. Is this legal?...
310149-00 - Tie-in sales
Recently we were asked by one of our commercial insurance markets to make the sale of one of its products conditional on the insured buying another of...
How much insurance can a mortgage lender require the mortgage applicant to have?...
What are the restrictions on a bank's right to reject the insurance company that a mortgage borrower selects to provide homeowners insurance? We just...
310219-00 - Net quote
May an insurance producer provide a ‘net quote’ and forgo commission?...
I have a request from an insured for a Waiver of Subrogation endorsement and when I sent it to the carrier they said they could not find an ISO form f...
...
Is a nonlicensee permitted to initiate contact with a prospective insured to determine their interest in being referred to a licensee?...
What is the process a New York producer has to follow to obtain a carrier’s rate filing?...
310261-00 - Minimum premium
A company recently told me that the New York State Insurance Department no longer allows companies to charge a minimum premium. Is this true?...
Does the requirement that insurance agency advertisements that use insurer’s names also include the location of the insurer’s principal office apply t...
What do you do with a client that you don’t want anymore? We have an insured that is very disruptive when he comes into the office to make a payment....
May a producer offer payroll services as an incentive to buy insurance from the producer?...
A policyholder bought a car from a used-car dealer, but she did not have a physical damage inspection within five days. An accident subsequently occur...
Our companies are not consistent in their physical damage inspection requirements. Some waive the inspection if they have written the policy for four...
Must an employer provide employees with any fringe benefits such as health insurance?...
310318-00 - Return commission
Does state law or regulation require me to return earned commission to the carrier for policies that are cancelled?...
My client was mandated by the New York State Department of Motor Vehicles to take a defensive-driving course due to convictions for traffic violations...
...
A departing employee used another employee's email account to send an inappropriate message to a third party. Can I do anything about this?...
...
310333-00 - Payroll companies
Are payroll companies impacting your insurance sales?...
...
What is the applicable statute of limitations in New York state for lawsuits brought against insurance producers (agents and brokers)?...
In New York, a puff-back restoration company wishes to offer an insurance producer a $20 gift card for every restoration job he/she directs to the res...
...
...
Does the moratorium on cancellations and nonrenewals issued by th...
...
I would like a clarification of the Family and Medical Leave Act of 1993. Who pays for the employee’s medical coverage if the employee takes a leave u...
I think I saw something about a new law that lets insurance agents provide investment advice in connection with 401(k) plans. Can you give me the deta...
900061-00 - Captive insurers
Can PIA provide me with some information on captive insurance companies?...
When the property policy speaks of waiving "your rights," doesn't it ultimately mean a waiver of the insurer's rights?...
900083-00 - C.L.U.E. reports
Does a company using C.L.U.E. (Comprehensive Loss Underwriting Exchange), a data bank maintained by LexisNexis] have to release a copy of the C.L...
900119-00 - Cut-throughs
What is a "cut through"? If an insurance company becomes insolvent, are the company's reinsurers responsible to pay claims against it, whether or n...
900120-00 - Lost policy
We have a client who is involved in a dispute with an insurance company over pollution coverage. The issue involves an old policy; o...
How do we get OSHA log forms? What forms are needed?...
In a settlement agreement we saw recently, the company consented to a "reformation" of its policy. Specifically, the company stated that its renewal p...
900184-00 - Policy reserve
My client, ABC Swim Club, has a commercial general liability policy with Small Insurance Co. ABC had a swim meet at, XYZ Swim Club who has a commercia...
How does the subcontractor's Commercial General Liability Policy respond to third-party-over actions when that policy is endorsed to waive subrogation...
If our insured is contractually required to name the other party as an additional insured on his policy, wouldn't the request to also attach the Wa...
We have been asked by a client to provide a W-9 Form. What is this and why does the client need it?...
Do the Gramm-Leach-Bliley Act (GLBA) privacy rules that restrict the disclosure of nonpublic financial information prohibit me from sharing or disclos...
In Circular Letter 335, Massachusetts now requires a new Form 154 to be utilized by businesses domiciled in other states but operating in Massachus...
Back to Top
Licensing
310038-00 - Satellite offices
Could you review the requirements for staffing an agency's satellite office?...
We are a wholesaler. A broker we deal with has issued checks in connection with insurance placements that subsequently have been dishonored by the ban...
What are the rules governing referral fees paid by public adjusters? Are they required to pay brokers for referring clients to them?...
What type of producer license is needed to sell long-term care policies?...
Is it legal for us to run a sales promotion in which an unlicensed person calls prospective insureds and: 1) offers a free gift if they agree to recei...
...
We have a New Jersey resident producer license with surplus-lines authority. We also have a New York broker's license, but we do not hold a New York e...
We would like to run a promotion for our existing customers, asking them for referrals. The promotion would be for every five referrals, we would give...
May a producer resign from acting as an insured’s representative? If so, how should this be done and is the answer different for a resignation midterm...
Our agency is a corporation licensed for property/casualty. We want to obtain a life insurance license...
I'm setting up a referral program where people get a gift certificate or gift card for providing five referrals. Can the gift certificate/card be give...
Are there any restrictions to giving a gift certificate or gift card (other than price and including our agency name on the certificate or card)?...
Could the vendor for the gift certificate or gift card be different each time?...
What type of “end-of-promotion” gift can be given? Can it be a small TV? An IPOD?...
Are there any other materials available on how best to construct this promotion?...
I’ve held a broker’s license in New York...
...
...
...
I am thinking about creating a corporation to operate over and own my LLC agency. Does the corporation have to be licensed in New York and, if so, can...
...
900065-00 - Background checks
We have a company asking us to sign an authorization to do a criminal background check. The company says it is required by law to do them. Further, th...
I plan on moving to Florida but would like to stay active selling insurance. What do I need to do to become licensed there?...
Do I need to be licensed in every state where one of my commercial clients has a location? I am license...
I'm an agency owner and listed as the responsible producer for my agency, and hold a valid property/casualty license. Why won't the National Insurance...
I understood that my agent/broker/producer license gives me the authority to sell, negotiate and solicit insurance across my entire state. However, I...
What steps must I take to become licensed to sell insurance in Canada?...
I work for an agency that operates under a business-entity license. I have the opportunity to handle an...
If I must give up my New York and New Jersey resident licenses, how can I have branch or home offices in the three [Florida] states?...
Back to Top
Life Insurance
Does the state have any requirements allowing an employee to convert coverage under an employer's group life insurance policy to individual coverage?...
Back to Top
Liquor liability
Can you explain the effect of ISO form CG 21 51 for host liquor liability on commercial general liabili...
One of my homeowners clients hires a friend five or six times a year to serve drinks at parties that my client gives in his home. The parties are soci...
Back to Top
Medical malpractice
We received a call from a client who works as a secretary in a doctor's office. She heard about someone in a similar job who had bee...
Back to Top
Personal auto
310001-00 - Rented vans
Will the Rental Vehicle Coverage Endorsement—New York cover a 15-passenger van?...
When an insurer re-writes an auto policy from one of its company tiers to another, is this re-tiering c...
I have an applicant for the New York Automobile Insurance Plan who possesses an international driver's license....
Is the coverage provided by New York's Rental Vehicle Coverage Endorsement of the Personal Auto Policy subject to any maximum limits or deductibles?...
A policyholder bought a car from a used car dealer, but she did not have a physical damage inspection within five days. An accident subsequently occur...
310012-00 - NYAIP—surcharge
I have a couple insured in the New York Automobile Insurance Plan. The wife's driving record is clean,...
My insured is an 18-year-old inexperienced operator in the New York Automobile Insurance Plan. He owns two cars. Should his rates for both cars be sur...
My insured does not like the company he was assigned to in the New York Automobile Insurance Plan. He wants me to cancel and re-write the policy to ge...
Are vehicles seven-years-old or older exempt from the physical damage inspection in the New York Automobile Insurance Plan?...
Can I write an auto in the New York Automobile Insurance Plan (NYAIP) if the principal place of garaging is out-of-state? The vehicle owner is a stude...
I am trying to get comprehensive coverage for some "classic" vehicles, specifically a '48 Packard, '64 Corvette, '72 Cadillac and '82 Olds. The usual...
I thought that if a person is involved in an accident while driving a business-owned vehicle, his personal auto policy cannot be surcharged for the ac...
My insured put in a claim under Personal Injury Protection (PIP). Now the company is trying to surcharge for the "accident." Here's what happened: my...
I have an insured who is in the New York Automobile Insurance Plan. He had a clean record and took the state-approved defensive-driving course in Janu...
My clients are getting a divorce, and they want to get separate policies on their two vehicles (each spouse owns one car). The company won't go alo...
How come, if a child is injured in a school bus accident, the parents' auto insurance policy pays?...
My client is furnished an auto leased by his employer. The employer told my client to register and insure the auto with the employer named as addition...
310057-00 - Rented van
My client is renting a van in order to transport a group of Girl Scouts. Will the van be covered for loss or damage under her personal auto policy's r...
An applicant came in who, in the last two weeks, had a property damage accident of more than $4,000 and a citation for speeding (70 mph in a 50 mph zo...
Our insured, a corrections officer, uses his own car to transport prisoners to the doctor, etc. He is reimbursed by his employer. Is coverage for liab...
An applicant came in for auto insurance. He held a driver's license from age 18 to 25 but then let it lapse for four years. Now, at 29, he has taken t...
I have been asked to write a named nonowner auto policy for a client who does not own a vehicle of his own. Will this policy give him coverage for ren...
Our insured had a policy written in the NYAIP. He purchased a second car, and we issued an I.D. card and forwarded his deposit premium. Unfortunately,...
How do we rate a change of vehicle midterm when the company has taken a rate increase since the inception of the policy? In our case, our client's pol...
On New York Automobile...
We have a husband and wife who have four cars. Two cars we insure for Bodily Injury (BI) liability at 2...
How do we handle a situation in which clients either do not have collision coverage or don't want to use the collision coverage they have, when the ot...
We insure a pickup truck on a New York personal auto policy. The pickup is used to deliver appliances and do servicing work. This truck is scheduled o...
For purposes o...
On a personal auto policy, can the insurance company increase the premium after six months, or must the company wait until the end of the one-year req...
My client has a personal automobile policy. He also owns a business. About two or three times a year, he hauls boats that are connected with this busi...
Where is the rule that protects policyholders against surcharges if a subrogation action recovers at least one-third of the property damage claim amou...
A client had her car shipped to Italy still bearing her New York license plates. The vehicle is insured through us and also in Italy. Due to certain I...
Through an underwriting questionnaire, an auto insurance company learned about a child in the household who just started driving with a learner's perm...
...
310277-00 - Diminished value
Are companies providing personal auto insurance in New York required to pay for the diminished value of a vehicle that has been repaired after an acci...
310281-00 - Dual claims
A client is insured with Carrier A under a standard personal automobile policy and has an accident with...
Can the parents of a young driver who registers and insures a vehicle in h...
Can an insured have two auto policies? Example. An insured lives in New York and has a car here but also has a residence in Florida and has a car ther...
One of our insureds has had their personal auto coverage with a carrier for many years and recently turned 70 years old. The carrier is requesting the...
310316-00 - Renting an ATV
My insured will be going on vacation to Virgini...
A client of mine recently had an accident and their vehicle was declared a total loss. How does the company arrive...
...
...
Does a personal auto policy provide expenses for airfare if our insured is on vacation and his vehicle is stolen?...
900014-00 - Medical payments
Our insured was in an auto accident. The family dog, riding in the car, was hurt. Are the veterinarian's bills covered under the medical payments cove...
900016-00 - Camper trailers
My client has an auto camper-trailer on blocks at a campsite with an attached, screened-in porch. Is the porch covered against damage or loss on his a...
My insured has a pickup truck as his personal vehicle. In the winter, he mounts a snowplow on it—for hi...
A personal auto policyholder of ours accidentally injured his golf partner when the golf cart our client was driving got out of his control. He has as...
900026-00 - Volunteer drivers
One of my insureds drives her own personal vehicle in volunteer work for the Red Cross. She transports people to doctors and hospitals for appointment...
How does our agency provide coverage for people who have no personal auto policy of their own to protect them when they borrow a car for personal use?...
My insured took a job with the U.S. Post Office. She became alarmed when she was told by her employer that her Personal Auto Policy would not cover he...
900046-00 - Noncooperation
My client's car was hit by another auto. Now the other driver's insurer has denied coverage due to lack of cooperation by its insured. Can they do thi...
900049-00 - Physical damage
We have a client who is the named insured on a personal auto policy covering his owned vehicle. His wife and son ha...
We insure a family whose young son is away serving in the military. Do we need to rate him as a youthful operator on his family's auto policy?...
We insure a husband and wife who own eight automobiles and three trailers. They use the trailers to haul horses. Are the trailers covered under their...
900079-00 - Damage by rodent
The lights went out on my client's Thunderbird. The mechanic found a mouse that had been chewing on the wires. Can a claim be made under the comprehen...
Following a coastal storm, we had a loss involving a vehicle which had been subjected to immersion in salt water. The client had a $2,000 repair es...
My client's employer wants to be covered while the client uses his personal auto for business-related activities. How can the employer be covered ...
We recently had two situations involving stolen vehicles. In the first case, a stolen car hit our insured's car. Can he collect from the policy of...
We have an insured with a tractor that he transports on a trailer pulled by his personal vehicle. He may be starting a lawn-mowing business. He has so...
Would a collision with a deer be considered a "collision" under the personal auto policy and, therefore, covered under the collision coverage portion...
Our insured provides family day-care in her home. When she is driving the children in her car, would any accident be covered under her personal auto p...
Under the Personal Auto Policy (PAP), are the liability limits reduced by the legal costs of defending the claim? Does the liabilit...
Does a Connecticut auto policy cover autos that are registered in other states?...
Our client owns a motor home, insured under a Personal Auto Policy. He wants to rent it to a friend and wants to know if it will still be covered whil...
900169-00 - Damage to plow
We've run into a claim dispute over a snowplow attached to a pickup truck. The insurer is denying the claim for damage to the plow, based on the ex...
We have a company that went ahead and added a 16-year-old to his parents' auto policy, even though this teenager doesn't have a lice...
We have been asked the following question but need to confirm the answer. Alexander, 21 now, took a short ride (about a half mile) on his friend's new...
Can an insurer deny payment for damages to a claimant's vehicle if the claimant's vehicle was uninsured at the time? The claimant's vehicle was parked...
Our clients have a personal auto policy (PAP). A 24-year-old daughter is listed as a driver and resides in the household, but is not a named insured....
My client is renting a moving truck to move from one house to another. The rental company is telling hi...
We were told by one company that if the son/daughter is in "boot camp" or basic training that this is not considered active duty so they will charge u...
Our insured transported on his trailer a tool box belonging to his future son-in-law. The box was loaded negligently, flipping the trailer damaging th...
Our daughter has a vehicle, with her own insurance policy, away at school with her. She called me the other day to tell me the car was in an accident....
I borrowed my friend’s pick-up truck so I could go to Home Depot and get some supplies. While I was borrowing it, I got into an accident. I don’t want...
My client insures a leased vehicle on a personal auto policy....
...
Back to Top
Personal lines
One of my companies is substituting a different policy form (personal lines) upon renewal. The new form is eliminating some coverages. They say t...
Does PIA have anything on how to determine what is the primary residence for homeowners insurance and which location a vehicle should be registered?...
Can a bank in New York advertise that its customers are eligible for a discount on the insurance products sold by the bank's affiliated insurance agen...
We have an insured with a conversion van that has an automati...
During a heavy windstorm, a dock broke loose from another property and crashed into a seawall on our client's property. The owner of...
We have an insured who has put all his assets into a living trust. He has personal auto, homeowners and umbrella policies with us....
Back to Top
Personal umbrella
My insured has a personal umbrella policy. His mother resides with him but has her own car which she insures under her own policy. Will my insured'...
Back to Top
Privacy issues
A former client left my agency, and owes money on direct-billed pol...
...
What would be the best way to dispose of client files when they contain private information such as Social Security numbers or federal I.D. numbe...
Some companies provide access to policyholder information such as declaration pages to their producers through their website. When the company termina...
The insurer sends out privacy notices to my clients. Should I, as an agency owner (producer, manager, compliance officer) send agency-specific privacy...
Sending out the GLBA privacy notices is expensive and time consuming. Can I deliver the GLBA privacy notices by email?...
Recently, one of our insureds was in an accident, and in the course of processing her claim, the insurance company required the insured’s Social Secur...
Back to Top
Rental car coverage
How does enactment of Chapter 656 of the Laws of 2002 (removal of cap, etc.) affect the insured?...
Has the collision damage waiver amount changed recently from $100?...
How does New York's law compare with other state laws on rental cars?...
If the insured has a named nonowner policy, and does not own or lease an auto, is the policy going to include rental vehicle coverage?...
Everyone in my office was surprised to hear that the Rental Vehicle Coverage Endorsement is mandatory on commercial policies. Please confirm....
Does the Rental Vehicle Coverage Endorsement apply to a commercial policy that insures vehicles used for business purposes?...
310173-00 - Antique auto
Is an antique auto a "private-passenger motor vehicle"?...
What about a policy that only has a minivan (Dodge Caravan) insured under the policy? Are SUVs considered a private-passenger vehicle in order to qual...
What if a personal auto policy insures only a pickup used for business purposes? Will this policy qualify for rental vehicle coverage?...
We have a few personal lines clients who have five or more vehicles insured on a Personal Auto Policy. These are not fleet situations. It appears they...
What if a sole proprietor insures three private-passenger autos on a commercial auto policy. The autos are used to conduct sales. Will this policy qua...
310178-00 - Duplicate coverage
If an insured has two auto policies, would both respond to a rental vehicle claim? (Example: one personal auto policy and one antique auto policy.)...
310179-00 - Motorcycle rental
Would renting a motorcycle while on vacation be covered if you don't have a separate motorcycle policy?...
310180-00 - U-Haul rental
When someone is moving and they rent a U-Haul van, is there coverage on the personal auto policy for damage to the van? Is there a size limitatio...
310181-00 - Rental company
I had a question about trucks rented from a facility such as Lowes or Home Depot that isn't in the business of rental, but they do rent trucks, differ...
310182-00 - Loaner cars
Where do loaner cars fit in with regard to the mandatory Rental Vehicle Coverage Endorsement, if our insured is driving one and gets in an accident?...
Is there a maximum load capacity for a pickup to be considered a rental vehicle?...
What is the maximum number of passengers that a van can carry before it ceases to be a rental vehicle?...
310185-00 - Motor homes
If a group of friends rent a motor home to drive around the country, are they covered with their private-passenger auto policy?...
Puerto Rico is not listed in the territory of the Rental Vehicle Coverage Endorsement. Does this mean there is no coverage there? Please forward...
A vehicle is rented within the United States, its territories or posessions and Canada and it is involved in an accident while being driven...
310188-00 - Renting in Mexico
Is there an endorsement a New York resident can purchase to protect them while renting a vehicle in Mexico?...
Would you please clarify the situation where a driver is not listed on the rental vehicle contract, but is given permission to drive the rental vehicl...
An individual from Connecticut rents a vehicle in Florida. She gives her daughter, who lives in New York and has a New York personal auto policy, perm...
Would the Rental Vehicle Coverage Endorsement protect the named insured's son while renting a car while away at college?...
Is there a difference between commercial lines vs. personal lines regarding who is an insured?...
What if the insured is going on an extended vacation for 45 days? How will the insured be covered for the rental car?...
310194-00 - Rental term
What if an insured rented a vehicle while in Florida for the winter for 60 days, and didn't renew the agreement after the 30-day limitation, then had...
310195-00 - Coverage limits
Does the property damage liability limit apply to the rental vehicle coverage?...
310196-00 - Deductible
I have a personal lines insured who has a New York auto policy with Company X. She rented a car outside of New York and was involved in a collision in...
Is rental car coverage provided by the property damage liability under the New York auto policy?...
310198-00 - Loss of use
Is it true that New York rental companies cannot charge any additional fees for loss of use or for "loss valuations?"...
310199-00 - Valuation
It has been brought to my attention that most personal auto policies cover the actual cash value of the vehicle, while some rental agreements may obli...
What if a New York insured rents a vehicle in another state that allows rental companies to charge for loss of use? Is there any coverage gap to justi...
I have heard in previous seminars that the insured would be wise to purchase CDW from the rental company when out of state. They stated that if you ha...
An insured, while driving a rental vehicle outside of New York state, has an at-fault accident causing damage to both the rental vehicle and anothe...
310204-00 - Duty after loss
In regard to duties after a loss, are you permitted to return the vehicle to the rental-car company even though it has not been inspected by the re...
What's the best credit card to use to rent a vehicle?...
Please review the provisions that relate to the INSURED vehicle(s) and those that relate to the RENTED vehicle....
310288-00 - Travel buddies
A customer of ours (they have a personal auto policy) asked the following question: We are renting a van to travel to Florida and are going with anoth...
I recently received a flier form a credit-card company touting their new Rental Car Protection service for a flat fee every time you rent a car. It pr...
Back to Top
Risk retention groups
310087-00 - Using RRG markets
Do I need an excess-line broker's license in order to place business with a risk retention group that is chartered outside of New York?...
I have a client with some unique liability exposures, and am doing some research on risk retention groups. Could you describe the regulatory climate a...
Back to Top
Service fees
Is it legal for an insurance agent to add a service fee to agency-billed premium invoices?...
We have been asked many times by insureds over the last two or three years what the New York state policy fees are for and where they go. Specifica...
I broker some of my business through a managing general agent. Is it permissible for the general agent to charge me a "policy fee" with the expectatio...
If I’m an insurance agent, can I charge a customer a fee for helping them collect a claim payment?...
Can general agents charge service fees indirectly through subproducers?...
Can a wholesale insurance broker charge service fees?...
On a piece of business written through the New York State Insurance Fund is it permissible to charge a service fee to the client as we receive no comm...
310248-00 - Service fees
May an insurance agent or broker receive additional compensation under a written service fee agreement when placing life insurance?...
Does Section 2119 of the Insurance Law let an insurance producer charge fees in connection with health insurance?...
Back to Top
Taxes
What are the tax consequences of a covered theft loss?...
Back to Top
Terrorism issues
I noticed that the federal Terrorism Risk Insurance Act (TRIA) requirements apply to insurance companies licensed in any state. Does that mean that a...
Can you tell me how my clients will be impacted by the Terrorism Risk Insurance Program Reauthorization Act of 2007 with respect to offers of terro...
Back to Top
Trust accounts
900034-00 - FDIC coverage
I am concerned about the level of protection afforded by the Federal Deposit Insurance Corp. (FDIC), compared to the amount of premium monies I may ha...
Back to Top
Windstorm catastrophe
310309-00 - Windstorm
My client’s home is insured on a basic peril dwelling policy form  (in the FAIR Plan). While they were away in...
...
...
...
Back to Top
Workers’ compensation
Can you explain Section 110 of the New York Workers' Compensation Law, which lets employers pay directly for first-aid costs? When must a report be fi...
310029-00 - Nonrenewal notice
Can a company nonrenew a voluntary-market workers' compensation policy because of a history of slow payment by the insured?...
At what stage in the development of the workers' compensation premium is the New York state assessment percentage applied to determine the policy char...
In rating a workers' compensation policy subject to minimum premium, is the expense constant added to the minimum premium?...
Recently we have had two workers' compensation clients affected by poor experience modifications resulting from the experience of previous owners of t...
We insure a wholesale store with only two employees who are owners of the business. Their accountant said they don't need to carry a workers' compensa...
One of my clients is an employer, a key employee of whom has sustained an on-the-job injury. The employee will be disabled for a number of mon...
Our general contractor client hired a sole-proprietor subcontractor who works alone without employees. He has not elected to carry workers' compensati...
In an employee leasing arrangement, is New York's statutory disability coverage (DBL) the responsibility of the leasing company, the business that lea...
...
Our insured is a fund-raising organization that runs a Meals...
We are helping a hospital set up its workers' compensation self-insurance program. Our concern is with employers' liability, since there is no limit t...
310093-00 - Employment status
An employee was directed by his employer to pick up the employer’s mail on the way to work. On this trip, the employee had an auto accident. Is this e...
What is the time frame for canceling a workers' compensation policy for nonpayment? Does this apply to both private carriers and the State Insurance F...
We insure a contractor whose employee went to another contractor's work site and fell into a hole. The employee is collecting workers' compensation un...
310143-00 - Caddies defined
How do we handle caddies for purposes of workers' compensation? The caddies are compensated by the players they caddy for....
310148-00 - DBL rules on LLCs
What is the correct way to treat the partners of limited liability companies for purposes of New York's statutory disability coverage?...
Can a carrier grant a credit on a New York state workers' compensation premium for a drug-free workplace?...
Can an employer be charged with failure to maintain workers' compensation coverage back in 1994-95? What evidence will the Workers' Compensation Board...
We insure a sole proprietorship. The owner's wife works there. She is not an officer. Can she be excluded for workers' compensation and DBL, or must s...
When did insurance agents and brokers get the right to be treated as independent contractors?...
A subcontractor's employee is injured on the job and it is discovered that the subcontractor's policy is not in force. The general contractor's policy...
If a sole proprietor or partner does not elect coverage on their workers' compensation policy, could they collect from the policy of the contractor wh...
Is it possible for the employer and the worker to establish a...
Is an independent contractor required to carry workers' compensation insurance if the employer carries it? Will that independent contractor payroll be...
If an employee is not subject to the Workers’ Compensation Law and the employer chooses to voluntarily cover the employee...
What are the additional insured's obligations with respect to reporting a claim to the carrier? If the carrier for the workers' compensation policy an...
Insured has an independent contractor who does part-time clerical work for him at his office. She also works for some five to 10 other people at any g...
My retail carpet store client has a workers’ compensation policy. Besides his regular employees, he hires independent contractors (allegedly) to lay c...
Is workers' compensation required for clergy or employees for the church (i.e., secretary, organist, etc.)? If not, what happens when one of these ind...
My client has leased employees from a labor contractor. The labor contractor has purchased the workers’ compensation policy for the...
Our insured owns a golf course, for which he maintains a workers’ compensation policy. When closed for the winter, he will be doing...
...
How can an employer avoid a short-rate penalty when replacing a New York State Insurance Fund policy?...
...
...
900021-00 - Stopgap insurance
Could you explain "stopgap" insurance? How is it provided?...
We're not sure where to turn to obtain workers' compensation for a domestic employee who will be coming into our clients' Florida home to care for the...
One of my commercial insureds has entered into an unconventional arrangement that purports to provide workers' compensation insurance. Its rates are&n...
We need to cover a possible workers' compensation exposure in St. Thomas, Virgin Islands. Does St. Thomas require workers' compensat...
Our client will be doing well drilling in Ontario, Canada. How do I cover the workers' compensation exposure?...
900182-00 - Audit time frames
According to the company, the wrong rates were used to rate workers' compensation coverage for a construction business back in 1996-...
Our insured is opening a Florida sales office. The salesperson will be based in Florida but traveling 50 percent of the time. Do you know if a Florida...
Can a carrier add a new class to a workers' compensation policy upon audit?...
Can members of a limited liability company or officers of a corporation be held personally responsible for workers' compensation fines when the employ...
900268-00 - Foreign exposures
For clients who have employees traveling outside of the United States, at what point does coverage cease (i.e. Canada, Mexico, Israel or England)? Is...
 
PIA of New York, New Jersey, Connecticut and New Hampshire, and/or the individual authors, shall not be liable for any claims or liabilities resulting from any information supplied in the Ask PIA program. The questions and answers are for informational purposes only and do not constitute legal advice. PIA specifically disclaims any and all warranties relating to such information. This database contains information applicable to multiple states; however, not all questions and answers are available for all states.