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  1. Landlord policies as personal lines | Ask PIA

    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 to the requirement that we notify the insured of any rate change resulting in more than a 10% increase under Section 3426?

    No. These are considered personal-lines policies, which are subject to Section 3425. In Subsection (a)(2)(A), a personal-lines policy is stated to include coverage for “loss of or damage to real property used predominantly for residential purposes and which consists of not more than four dwelling units, other than hotels and...

  2. Covering volunteers | Ask PIA

    Our client will be setting up tourist information centers in connection with a big local music festival. These booths will be staffed throughout the day by volunteers who will provide their services without remuneration. Does our client need to cover these volunteers with a workers’ compensation policy?

    No. They would not be employees under the New York Workers’ Compensation Law. Your client may be interested in knowing that these volunteers are protected by the October 2001 edition, or later, of the ISO Commercial General Liability Coverage Form when named in a third-party suit.

  3. Splitting policies upon divorce | Ask PIA

    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 along with this, because the husband had a total theft claim. How should we handle this?

    The New York State Department of Financial Services’ Office of General Counsel addressed this issue in a letter to GEICO in October 1980. The response put forth in this letter still reflects the department’s opinion, summarized by the following excerpt: It is the department’s position that...

  4. Personal auto policy is primary for bus accidents | Ask PIA

    How come, if a child is injured in a school bus accident, the parents’ auto insurance policy pays?

    There is the potential for many children to be injured on a school bus. In order to avoid the financial hardship for school districts, when faced with cumulative claims for all occupants of the bus, the legislators chose to distribute the burden among the personal auto policies of the parents....

  5. Covering employer who furnishes auto | Ask PIA

    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 additional insured, as required by the lessor. But the insurer will not add the employer as an additional insured. What can I do?

    The employer automatically has vicarious liability coverage under the definition of “insured” in the employee’s personal auto policy. However, this may not be sufficient to meet the terms of the leasing contract between the lessor and the employer. With regard to liability, you could show the lessor the definition of...

  6. Rented van | Ask PIA

    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 rental car endorsement?

    Yes, a nonowned van is covered as long as it is not used for business. Such coverage would be provided under insurance policies that cover less than five private-passenger vehicles (not for hire), which are registered in New York state, and would apply to vehicles rented for 30 days or...

  7. NYAIP: Surcharge time frame | Ask PIA

    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 zone). I put him in the New York Automobile Insurance Plan. Will he be surcharged for these incidents now?

    No, he will not. According to Rule 29.B, the last day of the fourth month preceding the effective date of the new or renewal policy is the end of the three-year experience period which is taken into consideration in rating the policy. The surcharge should not be applied until the next renewal....

  8. Free Trade Zone protections | Ask PIA

    New York’s policyholder protections regarding cancellation, nonrenewal and advance notice of premium increases—do they apply to policies written in the Free Trade Zone?

    Yes. Free Trade Zone policies are written by New York-authorized insurers and, therefore, are subject to the provisions of Section 3426 of the Insurance Law, which govern policyholder termination protections (see QuickSource document No. QS31205). An authorized insurer must be registered to place policies in the Free Trade Zone....

  9. Prior owners’ experience applies | Ask PIA

    Recently, we have had two workers’ compensation clients affected by poor experience modifications resulting from the experience of previous owners of their businesses. This does not seem fair. Is the company within its rights to carry over the previous owner’s poor claims history and charge the new owner higher rates?

    In most cases, yes. The rules on this changed effective July 1, 1990. The reason for the change was to “help prevent situations in which insureds attempt to avoid unfavorable modifications simply by undergoing a change in ownership or where information concerning ownership changes is withheld in order to maintain...

  10. Pollution exclusion | Ask PIA

    Does the pollution exclusion apply to the business auto and motor carrier policies in New York?

    No. When a covered auto is registered in New York, the commercial auto policies are subject to mandatory endorsement CA 01 12. Among other things, this endorsement states that the pollution exclusion contained in the main policy form does not apply. It’s sometimes confusing when an exclusion is contained...

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