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  1. After-market parts | Ask PIA

    What are the rules governing the use of after-market parts in New Jersey?

    Here is a summary of the New Jersey regulation on after-market parts: After-market parts paid for by insurance must carry sufficient permanent identification to identify the manufacturer. Insurers cannot require use of after-market parts unless the part is warranted by the manufacturer as to duration and coverage and at least...

  2. Direct placement tax | Ask PIA

    I just received a copy of a form entitled “Direct Placement Tax Return—Insurance Placement with Unauthorized Insurer or Self-Insurer’s Report.” What is the purpose of this form?

    New Jersey law (N.J.S.A. 17:22-6.64) makes provision for insurance procured directly by an insured from an unauthorized insurer. Such insurance placements are not subject to the same provisions as insurance procured through a surplus-lines producer pursuant to the surplus-lines law. For such placements, the insured is required by this section...

  3. Agricultural license | Ask PIA

    We have an insured whose 16-year-old son is taking a road test for a special farm license he says allows him to exclusively drive from home to the farm where he works and back. What type of operator’s license is he referencing?

    This is an Agricultural License (Class G), which may be issued to a 16-year-old operating vehicles described in Sections 39:3-24 and 25. These include farm tractors and traction equipment, motor vehicles used as farm machinery or farm implements and farm trucks for which farm truck registrations have been issued.

  4. Small group—Medicare eligible | Ask PIA

    I know that we need to get eligible employees who turn down coverage under our New Jersey small employer group plan to sign a waiver. What about eligible employees who have reached Medicare age?

    You should document the eligible employee’s election as to whether or not the person wishes to remain insured under the group plan and (if applicable) whether the group plan or Medicare is primary. Depending on the size of the employer, group coverage may be either primary or secondary with respect to...

  5. Use separate PAIP log | Ask PIA

    Our agency uses a log for I.D. cards we issue on Personal Automobile Insurance Plan business. We also use the same log for the Commercial Automobile Insurance Plan. Should we have separate logs for each of these?

    While there is a requirement that you keep a transaction log for PAIP business, CAIP currently has no similar requirement. If you maintain a CAIP log voluntarily, it should be separate from your PAIP log. Otherwise, if PAIP ever wanted to inspect your log, you would have to remove the...

  6. Take all comers fraudulent applications | Ask PIA

    We have a client whose auto insurance has been canceled by the insurer because the insured provided false information about her use of the insured vehicle. Under the New Jersey take-all-comers law, what is our responsibility to replace this client’s coverage?

    A person is not an “eligible” person if during the three-year period before applying for, or renewal of, an auto policy, he or she has knowingly provided materially false or misleading information in connection with an application, renewal or claim. So, under take-all-comers rules, you are not obligated to submit...

  7. Portal-to-portal if paid to travel | Ask PIA

    We have a carpet installer that is “on the clock” from the time he leaves his house through the last job of the day. There was an accident en route to his first job, and the workers’ compensation carrier is denying coverage. They say he is not considered on the...

    A case decision dating from 1996 (Perry v. New Jersey State Police) provides a good discussion of the law and its interpretation. To summarize, the Workers’ Compensation Act, prior to amendments in 1979, did not specifically define “employment.” To fill the void, the courts developed what was known as the...

  8. PIP for employee's spouse | Ask PIA

    We insure a corporate-owned vehicle, classed 7391, on a commercial auto policy. To get Broadened Personal Injury Protection and Additional PIP, does the spouse have to be listed, or is coverage automatic for the spouse, as it would be with drive-other-car coverage? We've gotten conflicting answers from our carriers.

    You need to add the CA 22 01 (“Named Individuals—Broadened PIP”) endorsement to a corporate policy to cover an individual (the employee) as a named insured for PIP coverage. Once the employee is declared as a named insured, the CA 22 31 (“New Jersey Added PIP”) endorsement automatically covers the...

  9. Notice of renewal premium | Ask PIA

    One of our carriers recently raised the insurance premium on a large contracting risk substantially. We don't know whether the contractor was given adequate notice. Could you review the rules on this?

    For most commercial policies, notice of the amount of the renewal premium and any change in contract terms must be given to the insured in writing not more than 120 days nor less than 30 days prior to the due date of the premium. The notice must clearly state the...

  10. Payment to the producer | Ask PIA

    We recently encountered a sticky situation where a broker embezzled money. The insureds have proof of paying the broker. Does their payment obligate the insurer, even though the company never got the premium? What if the producer had been acting as an agent, not a broker, in this case?

    Whether the insured paid the premium to an agent or broker, it is deemed to have been received by the insurer. N.J.A.C. 11:17A-4.1 provides that: (a) Premium monies collected by an insurance producer acting as an insurance agent shall be deemed to be received by the insurer...

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