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  1. PFL—maximum employee contribution | Ask PIA

    What is the maximum employee contribution for 2022 under the New York Paid Family Leave rules?

    The New York State Department of Financial Services determines the employee contribution each year. The weekly contribution for 2022 is .153% of the employee’s weekly wage and is capped at the New York state average weekly wage of $1,594.57. The contribution is based on each employee’s salary and the total...

  2. Paid Family Leave—who is an employee? | Ask PIA

    Who is considered an employee under the New York Paid Family Leave regulation?

    Any employee covered under New York’s Workers’ Compensation Law is considered an employee for the purposes of Paid Family Leave. This includes: workers in all employments conducted for profit. Part-time employees, borrowed employees, leased employees, family members and volunteers working for a for-profit business also must be covered under...

  3. Covering social parties with paid bartender | Ask PIA

    One of my homeowners clients hires a friend five or six times a year to serve drinks at parties that my client gives in his home. The parties are social affairs, not business-related. Is my client covered for liquor liability exposures from these parties? How about the friend who tends...

    The liability of a host server depends upon the statutes and case law in the state where the homeowner resides. Generally, serving alcohol to minors is the sole basis for liability; while some states hold a host liable for gross negligence or for serving a visibly intoxicated person. ...

  4. Flood loss excluded | Ask PIA

    We had an insured who was driving along a major highway when a flash flood occurred. She was rescued and evacuated from her vehicle by police. Unfortunately, she was on vacation and her vehicle contained food, gifts, clothing, her camera and other personal belongings that were all destroyed by the...

    There is no HO-2 or HO-3 homeowners coverage for personal property losses caused by flood. Section 1—Exclusions, item A.3.a., references “flood, surface water, waves, including tidal wave and tsunami, tides, tidal water, overflow of a body of water or spray from any of these, all whether or not driven by...

  5. Theft from motorcycle | Ask PIA

    Somebody stole helmets, gloves and tools from an insured’s motorcycle when it was parked on the street. We filed a claim under the insured’s HO-4 policy, because we consider the stolen items to be personal property. The company refuses to pay the claim, stating that the items are motorcycle accessories....

    The HO-4 policy excludes property consisting of “motor vehicles [including] their equipment and accessories.” In other words, the excluded equipment is specifically described as the accessories of “motor vehicles.” The term “accessory” is not defined in the policy itself. Accordingly, it must be given its ordinary meaning. A dictionary definition...

  6. Pollution exclusion—cause of loss | Ask PIA

    A family’s dog accidentally knocked a can of oil into their swimming pool. The oil caused major damage to the liner, lines, pump and filter. Would there be coverage under the ISO Homeowners 3 Special Form policy for this situation?

    No. This loss falls under exclusion (e)(5), “discharge, dispersal, seepage, migration, release or escape of pollutants,” where the cause does not originate from one of the broad-form perils (e.g., vandalism) listed as covering Coverage C—Personal Property.

  7. Damage from electrical current | Ask PIA

    Our client has an Insurance Services Office Inc. HO-3 policy. The insured’s tree fell on power lines leading to their house, which caused a power outage. When the electricity came back on, the power surge damaged their appliances. Is this damage covered?

    The peril is covered, but payment of the loss is restricted to nonelectrical components of the property damaged. “Sudden and accidental damage from artificially generated electrical current” is a covered peril under the HO-3 policy. First, though, we must get past the Power Failure exclusion under Section I Exclusions, which...

  8. Above-ground pools | Ask PIA

    Is an above-ground pool covered on the homeowners policy under Coverage B—Other Structures or Coverage C—Personal Property? I’ve been told it could be “contents” because the owners could pack up the pool and take it with them if they move.

    Mobility is not the only determining factor. Even a house could be moved. The primary factor is whether it has been constructed. Above-ground pools are constructed on the premises, so I believe they are covered as “other structures” under Coverage B.

  9. Duration of residence | Ask PIA

    Our insured’s mother came to visit, planning to stay for a month or maybe longer. The mother slipped and fell. How long would the mother have to have stayed in the home to be considered a resident relative and thus unable to make a liability claim under our insured’s homeowners...

    The basic ISO Homeowners Policy defines an “insured” as “you and residents of your household who are your relatives.” The homeowners policy excludes coverage for bodily injury to an “insured” as defined in the policy. Whether the mother qualifies as a resident relative is a question of fact. Courts that...

  10. Son rents detached garage apartment | Ask PIA

    Our homeowners clients have a detached garage with an apartment above it where their son lives. Will the son have the same coverage as the parents regarding the structure, contents and liability protection?

    This situation falls into a grey area. I would advise that you get written direction from your underwriter. The safest approach would be to write an HO-4 for the son and endorse the parents’ HO-3 with ISO form HO 04 40—Structures Rented to Others. With regard to the parents’...

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