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  1. NYAIP: Inexperienced operator surcharge | Ask PIA

    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 surcharged as an inexperienced operator, or only the vehicle he usually drives?

    If he is the principal operator of both vehicles, then both vehicles’ rates must be surcharged. The New York Automobile Insurance Plan Manual Rule 28.C states: If there is only one operator of a multi-car risk, and that operator is inexperienced, the inexperienced operator surcharge...

  2. NYAIP: Assigned carrier lasts three years | Ask PIA

    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 get another company. I told him he will probably end up with the same company. Is this correct?

    Yes, he will simply be reassigned to the same company until the full three-year assignment period is up. Also, the current policy will be canceled short-rate. Even after three years, reassignment is on a random basis, so he could end up with the company again. If your insured has a...

  3. NYAIP: Physical damage inspections | Ask PIA

    Are vehicles seven-years-old or older exempt from the physical damage inspection in the New York Automobile Insurance Plan?

    No. The only exception permitted by the Plan is for a new, unused vehicle purchased or leased from a franchised dealer, where the inspection may be waived by the company upon presentation of the proper documents according to Regulation 179 and defined in Section 67.8, 67.3(b)(2) and 67.3(d).

  4. Second notice—alternative renewal procedure | Ask PIA

    My insured on a commercial package policy got a conditional renewal notice saying that the new premium will probably exceed last year’s premium by more than 10%. Must the company send a follow-up notice telling the insured the exact premium?

    Yes. Under New York State Insurance Law Section 3426(e)(1)(C), the insured then has 60 days from the mailing of the second notice, with coverage provided at the previous rate, to accept or reject the offer. Consult PIA’s QuickSource document No. QS31205, titled Commercial lines—What are your policyholders’ rights?...

  5. NYPIUA vandalism coverage | Ask PIA

    My insured has a rental property insured in the New York Property Insurance Underwriting Association. The property suffered extensive water damage after a disgruntled tenant moved out. It appeared that the tenant had taken a sledge hammer to the radiators. Is the water damage covered under the Vandalism and Malicious...

    Yes, it should be covered. For Vandalism and Malicious Mischief to apply, the damage must result from a willful and malicious act. The only exclusion is for such acts when committed by the insured.

  6. Employer’s recordkeeping and reporting duties | Ask PIA

    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 filed in writing?

    Section 110 of the New York Workers’ Compensation Law specifies the employer’s recordkeeping and reporting requirements for an employee injured in the course of employment. A written record of all injuries sustained by employees, including those for which no Report of Accident Form must be filed, must be kept by...

  7. Insuring a sublet property | Ask PIA

    My insured has a homeowners policy insuring the home he occupies. He has another residence under lease that he now subleases to someone else. Can this residence be insured for liability under the Additional Residence Rented To Others HO 24 70 endorsement?

    Yes. There is nothing to preclude someone from doing this either in the ISO rules or the form itself.

  8. Bank fails to pay insurance premium | Ask PIA

    My client’s homeowners policy was canceled for nonpayment after the bank which holds the mortgage failed to pay the premium. Subsequently there was a loss. What can my client do?

    My client’s homeowners policy was canceled for nonpayment after the bank which holds the mortgage failed to pay the premium. Subsequently there was a loss. What can my client do?The first step your client (hereafter the insured or homeowner) should take is to check to see if they received a...

  9. NYAIP: vehicle garaged out-of-state | Ask PIA

    Can I write an auto in the New York Automobile Insurance Plan if the principal place of garaging is out-of-state? The vehicle owner is a student residing in New York but attending college in Georgia.

    New York state law requires that if a vehicle is registered in New York it must have New York liability insurance. If the vehicle is registered in New York but garaged in Georgia, you can write it in the New York Automobile Insurance Plan. It should be assigned to a...

  10. Homeowners nonrenewal notice | Ask PIA

    If a company chooses to nonrenew a homeowners policy, how many days’ notice must they give?

    Providing the policy has completed its three-year required policy period (since first written or last voluntarily renewed), the company can nonrenew by giving at least 45 but no more than 60 days’ notice in advance of the end of the policy period, as provided in Section 3425 of the New...

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