Results 1561 - 1570 of 3226
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Notice of renewal premium; policyholder rights | Ask PIA
A client’s commercial auto premium jumped from $12,000 to $19,000 at renewal. The company did not notify the client until about 30 days into the new policy period. I thought there was supposed to be advance notice when the premium is going up this much. The company said the insured...
A premium billing notice for a commercial auto policy must be mailed or delivered to the insured not less than 30 days in advance of the policy’s renewal or anniversary date, except such notice shall not be required for a commercial risk policy if the premium for the ensuing policy...
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Policyholder notice rights | Ask PIA
A professional liability policy is being switched from one company to another in the same insurer group. In the process, the company is making significant changes to the policy. A major change is that the old policy did not contain an annual aggregate limit, while the new policy does apply...
A switch from one affiliated company to another is considered a nonrenewal under Connecticut law, and it requires a 90-day advance notice for professional liability policies [Section 38-a-323(e)]. However, under Public Act 98-64, effective Oct. 1, 1998, such transfers between affiliated companies when resulting from a merger or acquisition are...
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Privacy of insurance information | Ask PIA
We ran into a problem when an insurance company asked a youthful driver to fill out a driver questionnaire. The parents objected and said they did not want their son to fill out the questionnaire unless it would remain confidential. What can we do to reassure the parents?
Like many states, Connecticut has enacted a law protecting the privacy of insurance information. You will find, in Section 38a-988 of the Insurance Law, limitations on the disclosure of recorded personal information. The law states that no insurance institution, agent, or insurance support organization may disclose any personal or privileged...
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Punitive damages | Ask PIA
How are punitive damages treated in Connecticut?
In Connecticut, common-law punitive damages are viewed more as compensatory damages. When the court awards punitive damages for gross or extreme negligence, they are limited to payment of the plaintiff’s litigation expenses. This results in full compensation to the plaintiff and, at the same time, curbs excessive jury awards. ...
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Title with salvage brand | Ask PIA
My client’s auto was totaled in an accident. The insurer is discounting the value of the auto because its title has been “salvage branded.” Is the insurer permitted to do this?
Generally, an auto titled with a “salvage brand” will be worth less, but the amount is negotiable so the insured needs to do his or her homework to get the best deal. This is what Kelley Blue Book states about it: “A salvaged, reconstructed or otherwise ’clouded’ title has a permanent...
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Vicarious liability—leased vehicles | Ask PIA
The driver of a leased vehicle hit a truck owned by my client, a trucking firm, and injured my client's employee. The lessee's limits were exhausted by the property damage claim involved. How can we procure a recovery for the workers' compensation benefits to protect my client's experience modification?
The lessor of the vehicle (i.e., the leasing company) is the “deep pocket” in this situation. Under C.G.S. Section 14:154a, the owner of a leased or rented motor vehicle is vicariously liable for the lessee's negligence. The workers' compensation carrier may bring action against the lessor for benefits it has...
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D&O volunteer immunity | Ask PIA
A prospective board member of a church I insure has expressed concern about his potential liability as a director. What is the law on this?
The question is a good one, since the typical homeowners policy provides little prospect of providing a director or officer with any protection in the event of a D&O lawsuit that inflicts financial injury (as distinct from bodily injury). On the other hand, volunteers do enjoy limited immunity under federal...
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Building permits proof of workers’ compensation insurance | Ask PIA
I know there has been some confusion about the proof of workers’ compensation insurance requirement for building permits where the work is being done by a sole proprietor. How was all this resolved?
It has been clarified that the proof-of-coverage requirement was never intended to override the ability of sole proprietors, partners, limited liability company members and corporate officers to elect not to be covered personally by workers’ compensation policies. A law (Public Act 96-216, effective June 4, 1996) provided this clarification...
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Employee leasing | Ask PIA
We have an insured with 10 employees. This client is entering into an agreement with an employee-leasing company. What are the responsibilities of the employer after the employees have been transferred to the leasing company?
When determining who is obligated to obtain workers’ compensation coverage, determine who is the employer of leased workers. In most staff leasing and temporary employment service situations there is a contract between the employer and the client company which frequently references who is considered the employer. The following statute applies...
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Guaranty Association protections for workers’ compensation | Ask PIA
What is the limit of Connecticut Insurance Guaranty Association coverage for workers’ compensation claims?
For claims covered by the Guaranty Association, other than unearned premiums, the normal obligation of the association is the amount of each claim that is in excess of $100 up to the policy limits or $300,000, whichever is less, for claims arising under policies of insurers determined to be insolvent...