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  1. Landowner’s liability for uninsured contractors | Ask PIA

    We’re concerned about a possible exposure for a municipality we insure. The municipality leases land to a firm that runs an airport. Recently, we learned that the airport’s workers’ compensation policy was canceled for nonpayment. If an airport worker is injured at this point, can the municipality be held responsible?

    No. You’re asking whether the municipality, as landowner, is contingently liable for workers’ compensation benefits in connection with injuries to an independent contractor’s employees. Case law in New York has established that landowners (except owners of timberland) are not contingently liable for providing benefits to a contractor’s employees. The property...

  2. Paid Family Leave—features  | Ask PIA

    What are the enhanced features of the Paid Family Leave rules?

    Amendments to New York’s Workers’ Compensation Law Section 204, relating to Paid Family Leave, will now allow individuals to take paid leave to care for a new child (including adopted or foster children) or a seriously ill family member. It was included as part of the 2016-17 New York state...

  3. Lease requires civil assault and battery coverage | Ask PIA

    One of our clients is leasing a warehouse facility. The terms of the lease have insurance requirements that include “Civil Assault and Battery” coverage. Is this exposure covered under a general liability policy?

    The ISO Commercial General Liability Policy covers bodily injury resulting from the use of reasonable force to protect persons or property. Black’s Law Dictionary defines reasonable force as “that degree of force which is not excessive and is appropriate in protecting oneself or one’s property.” Consequently, the CGL coverage...

  4. Medical payments for day-camp kids | Ask PIA

    We insure a day camp for children. The insurance company denies that the Medical Payments coverage under the Insurance Services Office Inc. Commercial General Liability Coverage Form applies to injuries to children who may be playing basketball, roller hockey, softball and other sports at the camp. I believe there definitely...

    I agree with your interpretation if the ISO edition of the CGL policy is dated prior to 2004. The company is basing its position on exclusion (e) under the Medical Payments coverage for “bodily injury ... to a person injured while taking part in athletics.” In a commentary on...

  5. Paid Family Leave—concurrent PFL, DBL and FMLA | Ask PIA

    Can an employee take Paid Family Leave, Disability Leave and Family Medical Leave Act at the same time?

    It depends. PFL does not cover leave for the employee’s own serious health condition. Therefore, PFL and disability will never run concurrently, but they can run consecutively. An eligible employee may opt to receive disability and family-leave benefits during the post-partum period but may not receive both benefits at the...

  6. Return premiums—financed policies | Ask PIA

    What rules govern the return premiums when a premium-financed policy is canceled for nonpayment? Is the return premium calculated on a pro-rata basis?

    When a policyholder has entered into a premium-finance agreement containing a power of attorney that permits the finance agency to cancel a policy for defaulting on the finance contract terms, and the insured defaults:Within a reasonable time (not to exceed 60 days after the effective date of the cancellation), the...

  7. Using RRG markets | Ask PIA

    Do I need an excess-line broker’s license in order to place business with a risk retention group that is chartered outside of New York?

    No. Under New York State Insurance Law Section 5911, a risk retention group not chartered in New York as a property/casualty insurer, but which is doing business in this state, is considered to be a licensed foreign insurer, not an unauthorized insurer, for the purposes of the licensing law. So,...

  8. ’Voluntary’ workers’ compensation: not for volunteers | Ask PIA

    Our insured is a fundraising organization that runs a Meals On Wheels program. Occasionally, volunteers help them out. Are the volunteers covered under the insured’s workers’ compensation policy? If not, is there an endorsement that could provide coverage?

    Except for firefighters, ambulance workers and certain civil defense workers, volunteers working for nonprofit organizations are not eligible for workers’ compensation benefits in New York state. There is an endorsement (WC 00 03 11 A) to the standard workers’ compensation policy that provides “voluntary compensation coverage,” but this endorsement...

  9. Cybersecurity regulation—covered entity compliance deadline | Ask PIA

    Is a covered entity required to certify compliance with all the requirements of 23 NYCRR 500 cybersecurity regulation on Feb. 15, 2018?

    Covered entities are required to submit the first certification under 23 NYCRR 500.17(b) by Feb. 15, 2018. This initial certification applies to and includes all requirements of 23 NYCRR Part 500 for which the applicable transitional period under 23 NYCRR 500.22 has terminated prior to Feb. 15, 2018. Accordingly, covered...

  10. Self-insured programs—employers’ liability | Ask PIA

    We are helping a hospital set up its workers’ compensation self-insurance program. Our concern is with employers’ liability, since there is no limit to employers’ liability under New York law; yet, in purchasing workers’ compensation excess policies, we find that there are no unlimited coverage policies available. What approach should we...

    There is no cap on the recovery of damages under employers’ liability suits, as with most tort actions. However, for an employer with a standard workers’ compensation policy, this does not pose a problem. That is because, by New York Compensation Insurance Rating Board Rule VII A 2 (a)(1), policies...

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