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  1. Homeowners nonrenewals | Ask PIA

    I am a terminated agent. Can the company nonrenew our homeowners risks? If so, how much notice do they have to give?

    A homeowners policy has a three-year required policy period. This means that the company may nonrenew only at the third-year anniversary of policy inception or at the third-year anniversary of any subsequent voluntary renewal. As provided by Insurance Law Section 3425(a)(7), the three-year required policy period begins on the...

  2. Get brothers separate auto policies | Ask PIA

    I have New York Automobile Insurance Plan clients who are two brothers living together. Each owns and operates his own car. For the previous three-year assignment with Company A, the brothers and their vehicles were written on a single policy. The newly assigned Company B is refusing to do this. Which...

    The new company is correct. Each brother should have his own policy, since each vehicle is registered and titled to only one brother. Only a married couple would be eligible under these circumstances.

  3. Named nonowner policy—rental car coverage | Ask PIA

    I have been asked to write a named nonowner auto policy for a client who does not own a vehicle of his own. Will this policy give him coverage for rental cars?

    It will afford liability coverage when he drives a rental car, but the 2005 edition of the ISO forms will not protect him in the event of collision or theft of the rental car. The Named Nonowner Coverage Endorsement (PP 03 22) is added to the Personal Auto Policy to...

  4. Simplified renewal OK for anti-arson apps | Ask PIA

    Can we send in a renewal application on a policy that is subject to the anti-arson application requirement that simply states “no change” in the anti-arson information?

    Yes. The Department of Financial Services explains this procedure in Circular Letter 20 (1984). In the letter, the department reviews the terms of Section 3403 of the Insurance Law and Regulation 96, which govern the use of the anti-arson applications, requiring a signed renewal anti-arson application to be returned to the...

  5. NYAIP: Additional vehicle | Ask PIA

    Our insured had a policy written in the New York Automobile Insurance Plan. He purchased a second car, and we issued an I.D. card and forwarded his deposit premium. Unfortunately, we did not pick up on the fact that the policy had already been canceled for nonpayment of premium. What...

    Nothing. According to the second to last paragraph of Section 12.A.3 of the New York Automobile Insurance Plan manual, if such insurer finds its policy is no longer in effect, it shall accept the “additional” vehicle as a new assignment. Coverage becomes effective in accordance with the provisions of Section...

  6. Uninsured subcontractor—NYSIF premium | Ask PIA

    Our general contractor client hired a sole-proprietor subcontractor who works alone without employees. He has not elected to carry workers’ compensation on himself. How can we keep our client from having to pay a workers’ compensation premium for the subcontractor in the New York State Insurance Fund?

    Depending on the circumstances, you may not be able to prevent the NYSIF from charging a premium. Section 56 of the New York Workers’ Compensation Law makes contractors responsible for benefits to injured employees of uninsured subcontractors. Although sole-proprietor contractors are under no obligation to insure themselves, there is...

  7. Rates applicable to replacement autos | Ask PIA

    How do we rate a change of vehicle midterm when the company has taken a rate increase since the inception of the policy? In our case, our client’s policy runs from June to June. In September, the company took a rate increase, and in October our client replaced his vehicle....

    According to the New York State Department of Financial Services, the answer lies in the company’s own rules governing such situations. An insurer may use either the new rates or the rates in effect at policy inception to rate replacement vehicles or vehicles added to the policy following a rate...

  8. ’Roll-on’ coverage prohibited | Ask PIA

    I have always understood that it is illegal to “roll-on” coverages without the insured’s consent. Am I correct?

    Yes, you’re right. PIANY asked the New York State Department of Financial Services to rule on this question in 1991 and received the following reply (which applies to personal lines):During the ’required policy period’“With regard to covered policies under Section 3425 of the Insurance Law, it is the department’s interpretation of...

  9. Condo rented to others | Ask PIA

    How do I cover building items for a condominium rented to others?

    A condominium-unit owner’s “building items” are not eligible to be covered under Coverage A of any of the ISO dwelling policy forms. However, in Rule 505 of the Dwelling Policy Program Manual, you’ll find that “building items” coverage is available by endorsement for an additional premium. You would select a...

  10. Disability for leased employees | Ask PIA

    In an employee-leasing arrangement, is New York’s statutory disability coverage the responsibility of the leasing company, the business that leases the employees or both?

    Leased employees are the employees of the company that is paying to lease them and that company must have a disability benefits policy in its name. A leasing firm (e.g., a Professional Employer Organization) assumes a dual employer relationship with its client employers. The employer generally recruits and hires its...

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