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  1. Seawall damage | Ask PIA

    During a heavy windstorm, a dock broke loose from another property and crashed into a seawall on our client’s property. The owner of the dock remains unknown. Our insured has a Dwelling Fire Policy (DP 00 03). The insurer has denied a claim for damage to the seawall under General...

    The General Exclusions language of this policy states that the exclusions apply to “loss resulting directly or indirectly” from any of the excluded causes. The damage to the seawall is pretty clearly an indirect result of one of the excluded causes, i.e., “water damage, meaning ... waves, tidal water ......

  2. Personal umbrellas and trusts

    | Ask PIA

    We have an insured who has put all his assets into a living trust. He has personal auto, homeowners and umbrella policies with us. The company has changed the named insured on the personal auto and homeowners policies to reflect the trust, but it refused to do so on the...

    The Insurance Services Office Inc. has an endorsement for this scenario—Personal Umbrella Liability Policy Trust Endorsement (DL 98 08)—which amends the definition of “insured” to include a trust and trustee. However, there are two important limitations on their coverage in the following provisions: 1. However, for any “occurrence”...

  3. Block nonrenewals | Ask PIA

    We just received a notice from one of our carriers stating that they will begin to nonrenew all of their policies of a specific line of business. Can a carrier just decide to nonrenew an entire line of business?

    No, they cannot. The New Jersey Department of Banking and Insurance considers this action a “block nonrenewal,” and as such block nonrenewing entire lines or classes of insurance is prohibited, except in accord with a plan submitted to the commissioner at least 60 days in advance of implementation, provided the...

  4. Umbrella drop-down provisions | Ask PIA

    We have an insured with an umbrella policy for $4 million in coverage, over a $1 million primary policy. If the carrier providing the underlying policy becomes insolvent, would the insured be able to collect on the umbrella policy?

    You should read the policy form in question to find out how it addresses this question. Most umbrella policy conditions contain provisions to address the potential insolvency of the insured and/or any insurer. In the event of receivership, insolvency or financial impairment of an underlying insurer, umbrella insurers generally do...

  5. Association bylaws—condos | Ask PIA

    Are the insurance requirements always located in the association bylaws?

    Bylaws typically describe the functions and powers of the association. More likely, the declaration or covenants, conditions and restrictions will contain the insurance requirements. If the insurance requirements are not adequately addressed in the declaration or CC&Rs, state statute often establishes a default requirement.

  6. Condominium—association bylaws | Ask PIA

    Do I really have to see the insurance requirements in the association bylaws? Can’t I just call and ask a condo association representative?

    If the representative appears competent to provide accurate information, this would be OK, as long as you disclose to your client that you are relying on representations made by the association. If you have taken on the responsibility to determine the insurance requirements, I would insist on seeing the condominium...

  7. Covering workers’ compensation exposures in the Virgin Islands | Ask PIA

    We need to cover a possible workers’ compensation exposure in St. Thomas, Virgin Islands. Does St. Thomas require workers’ compensation and how can I provide it?

    Yes, a compulsory Workers’ Compensation Law exists in St. Thomas. Coverage must be provided from a Virgin Islands territorial fund called the Government Insurance Fund. You can contact the fund at the following offices (see https://www.vidol.gov/workers-compensation/): St. Croix4401 Sion Farm, Ste. 1Christiansted, VI 00820-4245Phone: (340) 773-1994Fax:...

  8. Temporary work in Canada | Ask PIA

    Our client will be doing well drilling in Ontario, Canada. How do I cover the workers’ compensation exposure?

    While workers temporarily out of the country normally are covered by the extraterritorial provisions of their state’s Workers’ Compensation Law, there are limitations. For example: the state likely will define or interpret what is meant by “temporary,” which will create a threshold where that state’s coverage does not apply;...

  9. Healthy Homes surcharge—who must pay? | Ask PIA

    Who is required to pay the $12 Healthy Homes surcharge? We have some mortgage companies who pay the surcharge for our clients. Is that legal? 

    To be clear a mortgage company is not required to pay the $12 Healthy Homes surcharge. Under Connecticut General Assembly Section 38a-331, payment of the surcharge is the obligation of the person that is first listed as an insured under the applicable policy. That said the statute does state that...

  10. Failure to meet volume requirement | Ask PIA

    Can a company terminate an agency solely due to volume?

    Yes, a company can terminate an agency contract due to an agency’s failure to meet volume production requirements. Connecticut Insurance Law does prohibit termination based solely on the agent’s loss ratio during the two years preceding termination. PIACT members can request a copy of PIA QuickSource document No. QS06005,...

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