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  1. Policy form substitution, ‘conditional renewal’ (personal lines) | Ask PIA

    One of my companies is substituting a different policy form (personal lines) upon renewal. The new form is eliminating some coverages. They say they do not have to call the insured’s attention to the change. Is this true?

    No. New York Insurance Law Section 3425(d)(1) and (3) are very clear on this point:(1) Unless the insurer, at least 45 but not more than 60 days in advance of the end of the policy period, mails or delivers to the named insured, at the address shown in the policy, a written...

  2. Bus PIP—who does it cover? | Ask PIA

    Which passengers are covered under the Personal Injury Protection (PIP) coverage on a policy covering a church bus?

    The bus policy PIP is the primary PIP coverage for the bus driver, owner and employees and any passengers who do not have their own family auto policy. It is excess over the family auto policy for the remaining people on the bus who do carry their own first-party no-fault...

  3. Classic cars in NYAIP | Ask PIA

    I am trying to get comprehensive coverage for some “classic” vehicles, specifically a ’48 Packard, ’64 Corvette, ’72 Cadillac and ’82 Oldsmobile. The usual antique car markets have turned down this risk due to the driving record. This leaves the New York Automobile Insurance Plan. Does the NYAIP afford “actual...

    According to Section 9.B.1: Eligibility: Physical Damage Coverage, the NYAIP does not provide any type of physical damage coverage for autos that are 25 years old or older, whether classic, antique or otherwise.

  4. PIP coverage—recovery of payment | Ask PIA

    Are PIP benefits recoverable by the payer?

    An insurer, health maintenance organization or governmental agency has a direct right of action for reimbursement from an uninsured tortfeasor, or an insured tortfeasor who is not required to be insured for personal injury protection benefits or motor-bus passenger coverage [N.J.S.A. 39:6A-9.1]. The payer of PIP benefits cannot recover...

  5. Satellite offices | Ask PIA

    Could you review the requirements for staffing an agency’s satellite office?

    These requirements are found in Section 2129 of the New York Insurance Law: Duty to have an agent or broker at each place of business a) Each place of business established by the holder of an agent and/or broker license shall be under the supervision of...

  6. Accident while friend driving | Ask PIA

    Our insured let someone else borrow his car. There was an accident, and our insured's friend was at fault. The insured's company paid for the damage to the car, which was more than $500. Can the company now charge our insured for the eligibility points arising from this incident, or...

    New Jersey Regulation Section 11:3-35.5(d) states that the policy must be rated based upon the eligibility points of the principal driver and the eligibility points of other household members (unless the household member's points are used in rating another automobile in the household) or “customary” operators. So the friend's eligibility...

  7. Finder’s fees | Ask PIA

    Can I pay a finder’s fee to an unlicensed person who makes a referral to me of an insurance prospect?

    Yes, as long as the person making the referral does not engage in any other activities that would require a license, such as discussing coverages, and as long as the payment does not violate the state’s anti-rebating law.

  8. Tort options | Ask PIA

    Which tort option applies to Personal Injury Protection claimants who are not insured under any family auto policy?

    Such claimants are subject to the “no-threshold” tort option and need not meet the “serious injury” test (that is, the verbal threshold) in order to bring an action for noneconomic loss. See N.J.S.A. 39:6A-8(b). However, if the claimant is operating an owned and uninsured automobile, the claimant loses all...

  9. Untimely premium payment | Ask PIA

    One of our companies is nonrenewing our auto customers who do not pay their renewal premium on time without sending out a separate notice informing them that their coverage has been terminated. Is this legal?

    Yes. The New Jersey courts have ruled that the law does not require a separate notice to be sent. If the insured fails to timely pay the renewal premium, the auto policy lapses and a cancellation notice is not required.

  10. Extended rental period | Ask PIA

    My client has two cars insured on a personal automobile policy. His son is away at college, so the two vehicles have been adequate for him and his wife. His son is coming home for the summer, and my client wants to rent a third car for two-and-a-half months. He...

    The duration of this contemplated rental leads me to believe that the insurer would exclude coverage. This arrangement (two-and-a-half months) is likely to be construed as making the rental car “furnished or available for [your insured’s] regular use.” This would trigger the “regular use” exclusion (B.2) of liability coverage for...

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