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  1. Long-term absence | Ask PIA

    I have a homeowners client who is going to Europe to attend medical school. While he is gone, his cousin will occupy the home. Are there any coverage problems with this scenario?

    Yes. The homeowners underwriter probably will want a dwelling policy written on the home and a renters policy written for the cousin under these circumstances. The problem arises with the definitions in the policy. The “residence premises” is the dwelling where the named insured “resides.” A long-term absence of...

  2. Length of a binder | Ask PIA

    In New York state, how long is a binder good for?

    The Insurance Department and case law take the position that a binder is the equivalent of a policy and is good until it either is canceled in accordance with the time frames required by law for an actual policy, or until replaced by the actual policy issuance.The New York State...

  3. Physical damage | Ask PIA

    We have a client who is the named insured on a personal auto policy covering his owned vehicle. His wife and son have leased another vehicle. Is the leased automobile covered on the father’s policy for physical damage coverage?

    It is covered as long as the insurer allows you to schedule it on the declarations with Part D (physical damage) coverage and the wife is living with her husband. Part D coverage is afforded the named insured and the named insured’s spouse, if a resident of the same household....

  4. ’Life estate’ coverage | Ask PIA

    I have been asked to insure a home that was left to three adult children in their father’s will but is to be occupied by their mother under a life-estate provision during her lifetime. How do I write this policy so that everyone’s interests are protected?

    You should write the homeowners policy in the mother’s name. A homeowners policy may be issued to the occupant of a dwelling under a life-estate arrangement when the Coverage A amount is at least 80% of the dwelling’s replacement cost. The owners’ interest in the building(s), and their premises liability, should...

  5. Snowplowing—completed operations | Ask PIA

    We are getting conflicting opinions from various sources regarding coverage under the ISO Commercial General Liability Coverage Form. Specifically, we have a carpentry contractor insured under this form. This contractor is considering plowing snow, both contractually and on the shake of a hand. The question arises whether completed operations coverage...

    The CGL policy is truly comprehensive coverage, despite the prudent deletion of this term from its name some time back. Assuming the absence of material misrepresentation in applying for coverage, all of a named insured’s exposures for which coverage is intended are covered by this one policy. This includes premises;...

  6. New locations, operations | Ask PIA

    Does the ISO Commercial General Liability Policy cover new locations and operations of an insured automatically? Is coverage limited to the classifications shown in the declarations?

    The ISO Commercial General Liability Policy covers all operations of the named insured. The form provides automatic coverage for new locations and new business activities of the named insured arising after policy inception, provided there was no material misrepresentation when the insured applied for a policy. Nevertheless, be alert to...

  7. Building ordinance coverage | Ask PIA

    Under the ISO Building and Personal Property Coverage Form and the Ordinance or Law Coverage endorsement, does the Increased Cost of Construction coverage contemplate rebuilding at another location?

    Yes. If the insured elects to rebuild at another location, the insured will collect the Increased Cost of Construction benefits that would have been payable at the original location, subject to the applicable limit. On the other hand, if the ordinance or law requires relocation to another premises, the insured...

  8. Theft from customer | Ask PIA

    We insure a beauty salon under a commercial general liability policy. One day, robbers walked in and took a $10,000 ring worn by one of the salon’s clients. What will happen if the woman sues the salon for the value of the ring?

    If the salon is sued under some theory of its negligence, the insurer will be obliged to defend the salon. If the salon is found legally obligated to pay for the ring’s loss as damages, the loss would be covered under the premises coverage of the CGL. The exclusion found...

  9. Which state’s PIP applies? | Ask PIA

    What determines the state the benefits will apply to? For example, if we have an insured that is in New Jersey that has an officer with a company car, but lives and garages the vehicle in the state of New York, which benefits would apply? In New York, the benefits...

    Under the New Jersey “deemer” statute (N.J.S.A. 17:28-1.4), insurers who are licensed in New Jersey, and who insure nonresidents who have an accident in New Jersey, are deemed subject to New Jersey’s no-fault law, including the payment of Personal Injury Protection benefits. This statute is supported by substantial case law....

  10. Garaging location implications | Ask PIA

    We have an individual who lives in New York (works and drives a company car that is registered in New Jersey but is garaged in New York) and does not have a personal auto policy. If he is in an accident in New Jersey, would he be entitled to New...

    Assuming the insurer is authorized in New York, New York PIP benefits will be available to the New York resident if the accident occurs in New York. Assuming the insurer is licensed in New Jersey, New Jersey PIP benefits will be available to the New York resident if the accident...

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