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Legislative/regulatory issues

310040-00

Promotional items not rebating
I think they raised the amount we can spend on agency promotional items such as calendars, etc. What is the current limit?...

310047-00

Public-entity commission filings
I noted in a PIA publication the April 15 annual deadline for agencies to file reports of commissions received on public entities’......

310086-00

Return premiums—financed policies
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?...

310099-00

Claim payment offset—premium due
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......

310109-00

Payroll deduction mass-merchandising
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. If an......

310122-00

Arson investigation immunity
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......

310129-00

Quasi-group property/casualty policies—advantaged rating
If a personal-lines policyholder has been given a discount based on belonging to a certain group, then the policyholder quits belonging to the......

310141-00

Remuneration by repair shops prohibited
Is it legal for an insurance agent to accept a gift from a glass company in New York?...

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......

310212-00

Banks’ rights to reject homeowners companies
What are the restrictions on a bank’s right to reject the insurance company that a mortgage borrower selects to provide homeowners......

310219-00

Net quote
May an insurance producer provide a ‘net quote’ and forgo commission?...

310223-00

Premium-financed policies—wholesaler reporting requirement
There is a law pertaining to premium-financed policies placed through wholesalers in New York. Does it mean that premium-finance companies......

310227-00

Referrals, where a nonlicensee initiates the conversation
Is a nonlicensee permitted to initiate contact with a prospective insured to determine their interest in being referred to a licensee?...

310232-00

Requesting New York rate filings
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 Department of Financial Services no longer allows companies to charge a minimum premium. Is......

310275-00

Advertisements—location of insurer
Does the requirement that insurance agency advertisements that use insurer’s names include the location of the insurer’s principal......

310296-00

Refusal to accept premium
Can an agency stop collecting or decide not to accept premium payments from their insureds?...

310297-00

Disruptive client—agency refusal to write coverage
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......

310308-00

Payroll services and similar sales incentives
May a producer offer payroll services as an incentive to buy insurance from the producer?...

310313-00

Physical damage inspection—insured’s photos
A policyholder bought a car from a used-car dealer, but she did not have a physical damage inspection within 14 days. An accident subsequently......

310314-00

Physical damage inspection—waivers
Our companies are not consistent in their physical damage inspection requirements. Some waive the inspection if the vehicle is at least seven......

310315-00

Employee fringe benefits
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?...

310320-00

Mandatory defensive-driving course resulting from conviction
My client was mandated by the New York State Department of Motor Vehicles to take a defensive-driving course due to convictions for traffic......

310324-00

Rebating—charitable contributions
We are considering offering a small donation in the amount of $20 to a children’s charity for every policy written or renewed through our......

310325-00

Inappropriate email messages
A departing employee used another employee’s email account to send an inappropriate message to a third party. Can I do anything about this?...

310326-00

Can parents be held liable for the negligent acts of their children?
Can parents of minor children be held liable under New York law for their kids having negligently started a fire that burned down the......

310333-00

Payroll companies
Are payroll companies impacting your insurance sales?...

310346-00

Rebates—gas cards
Would it be permissible for our agency to offer a free $15 gas card with our agency name and phone number on it for any new client who brings in......

310351-00

Statute of limitations for lawsuits against producers
What is the applicable statute of limitations in New York state for lawsuits brought against insurance producers (agents and brokers)?...

310353-00

Gift to producers for job referrals
In New York, a restoration company wishes to offer an insurance producer a $20 gift card for every restoration job he/she directs to the......

310355-00

Trailers subject to registration
Are wood-chipper trailers subject to registration and financial responsibility requirements in New York?...

310367-00

NYSDFS moratorium—premium-financed policies
Does the moratorium on cancellations and nonrenewals issued by the superintendent of financial services apply to premium-financed policies?...

310378-00

Tortious interference: at-will employees
Is it possible for another agency to contact my employees to encourage them to work for them?...

310413-00

Former employee contacting agency’s customers
What can a company do when it discovers that a former employee is contacting its clients?...

310470-00

Anti-arson application upon policy renewal
If an anti-arson application is required when a risk is newly written, is it also required when the policy renews?...

310499-00

Telemarketing restrictions during state of emergency
Are there any restrictions on telemarketing calls during a state of emergency in New York? Am I prohibited from making any such calls during a......

310502-00

Regulation 64—excess-line policies
Do excess-line carriers in New York state have to follow Regulation 64 and Insurance Law Section 2601 related to unfair claims practices?...

310503-00

Regulation 64—claims
What rules are there for carriers when handling claims? What are the penalties for violating the rules?  ...

310504-00

Regulation 64—unfair claims practices
What is the applicability of Regulation 64 related to unfair claims practices?...

310508-00

Broker of record letters
Can I include a hold harmless clause in my broker of record letter? I don’t want a client to come after me because their previous broker......

900024-00

Family Leave Act—who pays?
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......

900060-00

Management services for 401(k) plans
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......

900061-00

Captive insurers
Can PIA provide me with some information on captive insurance companies?...

900083-00

C.L.U.E. reports
Does a company using Comprehensive Loss Underwriting Exchange, a data bank maintained by LexisNexis, have to release a copy of the C.L.U.E.......

900119-00

Cut-throughs
What is a “cut through”? If an insurance company becomes insolvent, are the company’s reinsurers responsible to pay claims......

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; our client no......

900121-00

OSHA log form sources
How do we get OSHA log forms? What forms are needed?...

900126-00

Reformation of policy language
In a settlement agreement we saw recently, the company consented to a “reformation” of its policy. Specifically, the company stated......

900184-00

Statute of limitations in subrogation action
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......

900190-00

Waiver of subrogation vs. waiver of transfer of rights
If our insured is contractually required to name the other party as an additional insured on his or her policy, wouldn’t the request to......

900236-00

W-9 IRS tax forms—request by policyholder
We have been asked by a client to provide a W-9 Form. What is this and why does the client need it?...

900277-00

Disclosure of customer’s records—pending lawsuit
Do the Gramm-Leach-Bliley Act (GLBA) privacy rules that restrict the disclosure of nonpublic financial information prohibit me from sharing or......

900371-00

Raffle to current customers
Our agency wants to run a raffle to increase our visibility. We plan to reach out to our existing homeowners insurance customers and give away a......

900401-00

The mailbox rule
My client received a notice of cancellation for nonpayment and mailed the premium before the date of cancellation. If the payment isn’t......

900403-00

Recreational drone registration
My client just bought a drone for each of her sons and herself. Does she have to register them and how does she go about doing so?...

900405-00

Subpoenas
I just received a subpoena in connection with policies placed on behalf of my client. What is it and how should I respond?...

900415-00

DOL overtime—bonuses
I have an employee who makes $22,000 a year, but he receives a $3,000 bonus every year in December. Would this employee meet the overtime......

900416-00

Exemptions from DOL overtime
How do I know if my employees are exempt from overtime?...

900417-00

Waive DOL overtime
Can my employees waive their right to overtime?...

900418-00

DOL overtime—biweekly pay
Employees in my agency are on a biweekly pay schedule. If one of my employees who is eligible for overtime works over 40 hours in the first week......

900419-00

DOL overtime—outside-sales exemption
Will my producers qualify for the outside-sales exemption, even though many of them maintain office space at the agency?...

900427-00

Website accessibility
Does my website have to be accessible to people with disabilities?...

900447-00

Hemp and marijuana
What is the difference between hemp and marijuana under the 2018 Farm Bill?...