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  1. Background checks | Ask PIA

    We have a company asking us to sign an authorization to do a criminal background check. The company says it is required by law to do them. Further, they said all companies are supposed to do these checks. To what law are they referring?

    The federal Violent Crime Control and Law Enforcement Act of 1994 [18 U.S.C.A. Section 1033(e)] provides that any individual who has been convicted of “any criminal felony involving dishonesty or a breach of trust” may not engage in the “business of insurance.” A violation is punishable by a fine or...

  2. Learner’s permit holders | Ask PIA

    Through an underwriting questionnaire, an auto insurance company learned about a child in the household who just started driving with a learner’s permit. The company is demanding an additional rate for this driver, even though he is not yet licensed. Can the company do this?

    Yes, a permit is essentially the same as a restricted license. In fact, the legal definition of a permit is “a written warrant or license granted by one having authority.” Providing that the rating rule is reflected in the company’s approved rate filing, this is a legal practice. While some...

  3. Workers’ compensation—Florida domestic employees | Ask PIA

    We’re not sure where to turn to obtain workers’ compensation for a domestic employee who will be coming into our clients’ Florida home to care for the husband. Their homeowners carrier says we have to go through the Florida state plan. The state plan says it will provide coverage only...

    You can relax. Florida’s Workers’ Compensation Law [Section 440.02(17)(c)1.] states that “employment” does not include service performed by or as ... domestic servants in private homes.

  4. Protecting landlord’s furnishings | Ask PIA

    Our insured owns a two-family home. She lives in one apartment most of the year and rents out the other. But for four or five months each winter, she goes to Florida and rents out the apartment where she normally lives. Does she need any special insurance coverage to take...

    The owner’s personal property, remaining at the residence premises while she is away, continues to be covered for broad-form perils under the Insurance Services Office Inc. HO-3 policy, except with regard to one peril. Exclusion 9.b.(3), which is found under Coverage C—Personal Property, excludes loss caused by theft “from that...

  5. Horse trailers covered | Ask PIA

    We insure a husband and wife who own eight automobiles and three trailers. They use the trailers to haul horses. Are the trailers covered under their personal auto policy?

    Yes, the husband and wife are covered for liability by the definition of “insured,” which includes the named insured or any family member for the ownership, maintenance and use of any auto or “trailer.” Since a “trailer” is defined to include any trailer designed to be pulled by a...

  6. Binders and increased premiums | Ask PIA

    After coverage has been bound, may an unauthorized insurer increase the premium of a commercial property/casualty insurance policy that was written through a licensed excess-line broker in New York?

    According to a July 2, 2002, Opinion of the General Counsel, an unauthorized insurer that issues a commercial property/casualty policy on an excess-line basis is not subject to the rating requirements contained in the Insurance Law. Whether an unauthorized insurer may increase the premium after coverage is bound depends upon...

  7. Debris removal | Ask PIA

    We need your interpretation of an ISO Commercial Property Insurance form (CP 00 10) with respect to the limits provided for debris removal. We wrote a policy with a $400,000 property limit. The property burned and was a total loss. The owner is faced with a $75,000 debris removal bill....

    Sorry. The current ISO CP 00 10 policy will not respond with a payment greater than $425,000. According to a. Debris Removal of 4. Additional Coverages, only $25,000 may be paid in excess of the limit of insurance. If this had been a partial-loss situation, the debris-removal recovery could...

  8. Valet parking exposure | Ask PIA

    Our client is seeking coverage under a garagekeepers liability policy for a valet parking operation at a country club. The operation will use a lot that holds 600 cars. How much coverage should we provide to this client?

    One way to determine recommended coverage limits would be to multiply the maximum number of cars parked at any one time by the average estimated value of the cars to be parked in order to arrive at the maximum possible loss. This might be a reasonable method for setting the...

  9. Patent infringement claim | Ask PIA

    Our insured has been charged with patent infringement. Will this be covered under Coverage B of the ISO Commercial General Liability Coverage Form?

    It’s not likely, particularly, since “unfair competition” and “piracy” were taken out of the definition of advertising injury. This occurred when Insurance Services Office Inc. transplanted Personal Injury and Advertising Injury Coverage from the 1981 edition of the GL 04 04 Broad Form Comprehensive General Liability Endorsement to the 1985...

  10. Cancellation of auditable policies | Ask PIA

    Can an auditable policy be canceled for nonpayment of the audit premium due on a prior year’s policy?

    Yes. In Connecticut Bulletin PC-42-04, the department states that “a renewal of an auditable policy may be canceled for the reason of ’nonpayment of premium’ based on the insured’s nonpayment of the audit premium due on the prior year’s policy.” This recognizes the pricing procedures of certain commercial policies, which use...

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