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  1. FS-20s for mobile equipment | Ask PIA

    I have an insured who is a crane operator. His crane comes under the definition of mobile equipment and needs special plates from the New York State Department of Motor Vehicles. The crane is insured with a nonadmitted company under a Commercial General Liability form. The company does not issue...

    The DMV is firm in its position that it will not issue plates without a valid FS-20. You need to insure the crane with an admitted auto insurance company to obtain the FS-20 I.D. card. Be advised that the standard ISO commercial general liability form now removes from the definition...

  2. Surcharges for accidents in company cars | Ask PIA

    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 accident. I have a company that is trying to tell me I am wrong. What is the rule?

    The rule is found in New York Insurance Law Section 2335(d). This section prohibits a company from surcharging because the insured, or any other person who customarily operates a covered noncommercial private-passenger automobile, “has had an accident while operating a commercial vehicle in the course of employment and in the...

  3. No surcharge for injury while parked | Ask PIA

    My insured put in a claim under Personal Injury Protection. Now the company is trying to surcharge for the “accident.” Here’s what happened: my insured’s car was parked, and he slipped and fell, breaking his wrist as he tried to enter the car. Can the company surcharge for this?

    No. Regulation 100 9 (Section 169.1(c)) states: A surcharge may be imposed for an occurrence involving bodily injury (including a no-fault injury subject to Article 51 of the Insurance Law) provided the vehicle was in operation and the insured was at fault. Since your client’s...

  4. Defensive-driving courses—not retroactive | Ask PIA

    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 January 2021, receiving a credit on his premium effective February 2021. By November 2021, this client had accumulated eight Department of Motor Vehicles points. His...

    There is no retroactive effect on offenses occurring after the course was taken. The Department of Motor Vehicles now allows the course to be re-taken every 18 months. If your client takes it again voluntarily (i.e., not as required by a court), he can have points removed for DMV purposes...

  5. NYAIP coverage—unregistered vehicles | Ask PIA

    We got a call from a man who was convicted of DWI and surrendered his driver's license and vehicle registration. Now the bank is harassing him because he is not maintaining comprehensive coverage on the vehicle. Could he buy it in the New York Automobile Insurance Plan?

    No. The vehicle must be registered in order to be eligible for comprehensive coverage according to New York Automobile Insurance Plan eligibility rule Section 9.A.

  6. Public-entity commission filings | Ask PIA

    I noted in a PIA publication the April 15 annual deadline for agencies to file reports of commissions received on public entities’ insurance business. I suspect some agents don’t file these reports as required by Regulation 87. What is the penalty?

    The Department of Financial Services has a number of options, up to and including license revocation for failure by a licensee to comply with the insurance code. Failure to file is sometimes a symptom of deeper legal problems. For example, omission of Regulation 87 filings figured in a highly publicized...

  7. Rating procedure—assessments | Ask PIA

    At what stage in the development of the workers’ compensation premium is the New York state assessment percentage applied to determine the policy charge?

    According to Section L.3. of Manual Rule IX, “standard premium is defined as the premium determined on the basis of the insurer’s approved rates, as modified by:any experience modification or merit-rating factor; any applicable territory differential premium; the minimum premium; any Construction Classification Premium Adjustment Program credits; any credit from...

  8. Rating procedure—minimum premium | Ask PIA

    In rating a workers’ compensation policy subject to minimum premium, is the expense constant added to the minimum premium?

    No. The expense constant is included in the minimum premium and must not be added if the minimum premium becomes the final premium for that policy. See the Workers’ Compensation Manual, Rule VI, (C) “Expense Constant” (4) “Minimum Premium.”

  9. Group policies for bank customers AKA ’free insurance’ | Ask PIA

    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 thought this was illegal.

    These arrangements, if properly constructed, are not illegal. In fact, they are specifically authorized under New York Insurance Law. Insurance Law Section 4235 establishes requirements regarding group accident and health insurance policies issued in New York state, including establishment of permissible “groups.” One type of permissible group is made...

  10. Defensive-driver discount—garage policy | Ask PIA

    My insured has a garage dealer policy and has signed up for the New York State Department of Motor Vehicles-approved defensive-driver course. He wants to know if he will get a 10% discount. He has no personal auto policy.

    The discount will apply as long as there is a specific vehicle insured under the garage policy. The vehicle must be a commercial or private-passenger type vehicle operated by the person who took the course for the discount to apply.