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  1. Lead-paint exclusions | Ask PIA

    It would be appreciated if you could confirm that, in order for an insurance carrier to deny coverage under a habitational real-estate package policy for a claim involving lead paint, there has to be a specific endorsement to the policy excluding coverage for lead-paint liability claims.

    The New York Department of Financial Services has taken the position that the standard pollution exclusion language is not sufficient to preclude coverage for lead paint (due to New York court cases that have rejected the exclusion as a defense; e.g., Herald Square Loft Corp. v. Merrimack Mutual Fire Insurance...

  2. Paid Family Leave—coverage for employer | Ask PIA

    I own my own business in New York and obviously have Paid Family Leave for my employees. Can I, as the employer, be included in this program should I ever need to take PFL?

    Yes, you can be covered by New York’s Paid Family Leave law, but it is not automatic; you must opt in. If you are a self-employed individual with no employees, opting in is as simple as purchasing an insurance policy. Under the governing law, you are required to purchase a...

  3. DWI—collision coverage | Ask PIA

    I have a personal auto insured that was involved in an accident and was cited for driving while intoxicated. The carrier is disclaiming collision coverage citing that DWI. Can carriers exclude this coverage under these circumstances?

    Mandatory coverages include liability, personal injury protection, and uninsured motorists, but they do not include comprehensive or collision coverages. Coverages that are not mandatory are given more underwriting freedom. As a result, insurers can file forms to exclude coverage for operators having DWI convictions. Exclusions seen by PIA are applicable...

  4. Coverage while home repaired | Ask PIA

    My customer’s home was extensively damaged by fire while covered under an HO-3 homeowners form. Repairs have commenced while the insured is living at a temporary residence. Is the home protected during reconstruction in the same manner as it was prior to the loss?

    The insuring agreement for Coverage A includes materials and supplies located on or next to the residence premises used to construct, alter or repair the dwelling or other structures on the residence premises, as well as the dwelling and attached structures. However, there is a suspension of theft coverage in...

  5. Bad check exposure | Ask PIA

    Is there any way to avoid liability for earned premium when my customer pays me with a bad check, and I have paid the company with an agency check?

    Yes, there is. First of all, instruct your policyholders to make their check payable to the insurer so that this problem can be avoided altogether. If you decide to accept a check payable to your agency, endorse it to the insurer, adding the words without recourse. This will elminate your...

  6. Coverage for employer | Ask PIA

    My client’s employer wants to be covered while the client uses his personal auto for business-related activities. How can the employer be covered if the insurer refuses to add the employer as an additional insured?

    It is not necessary to add the employer as an additional insured to provide the coverage requested by the employer. Coverage is provided in the Insuring Agreement of the personal auto policy. Section B.3 gives an employer (or any other person or organization, for that matter) insured status for “your...

  7. Arson investigation immunity | Ask PIA

    One of our insureds is being investigated in connection with a suspected arson fire. Our office is in New York but the property that burned is in New Jersey. We have been asked to provide insurance information to the local law-enforcement team that is investigating the fire. Could you tell...

    New York Insurance Law Section 3432 provides immunity with respect to information given to a law-enforcement agency in connection with a fire investigation. New Jersey has a similar section of law (Article 6, Section 17:36-14, et seq.) devoted to fire losses. An insurer or a person acting on its behalf...

  8. Following up on cancellation notices | Ask PIA

    Our agency always has sent out a letter to insureds when we get a copy of a cancellation notice from a carrier reminding the insured that the premium must be paid to avoid cancellation. We are becoming concerned about this practice and would like to send out a letter to...

    An agent has no legal duty to alert insureds to the fact that his or her policy will be canceled. However, an agent that has voluntarily assumed this additional duty may be held liable for failing to provide the notice based on this special procedure (see Boyer v. Wells, No....

  9. New York state policy fees explained | Ask PIA

    We have been asked many times by insureds over the last two or three years what the New York state policy fees are for and where they go. Specifically, they ask about the $5 per vehicle auto policy fee and the assessment on workers’ compensation policies.We have been telling insureds...

    Yes. The $5 per vehicle “Motor Vehicle Law Enforcement Fee” resulted from legislation passed as Chapter 55, Laws of 1992, which added Section 9110 of the Insurance Law. The legislation required insurers to begin collecting the fees on July 1, 1992, at the rate of $1 for each insured vehicle...

  10. Children’s cars create coverage gap | Ask PIA

    We have a husband and wife who have four cars. Two cars we insure for bodily injury liability at 250/500 plus an umbrella liability policy. There also are two children living with them who drive two other cars which we insure in the New York Automobile Insurance Plan at 25/50...

    Coverage depends on ownership of vehicles. If the children own their cars, the parents’ insurer would no doubt cite ISO Personal Auto Policy exclusion B.3.a, which excludes coverage for any vehicle owned by a family member that is not scheduled on the parents’ policy. While the child has no...

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