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  1. Workers’ compensation for LLC managers | Ask PIA

    Are managers of Connecticut limited liability companies treated by the state as partners or as corporate officers for the purposes of workers’ compensation coverage?

    A limited liability company is a type of business entity authorized in Connecticut under Public Act 93-267. The LLC combines the limited liability protection afforded to a corporation with the tax advantages enjoyed by a partnership.  Effective Dec. 1, 1995, the Connecticut Workers’ Compensation Commission decided to treat members and...

  2. Host liquor liability exclusion | Ask PIA

    Can you explain the effect of ISO form CG 21 51 for host liquor liability on commercial general liability policies?

    This endorsement is generally targeted to nonprofit social organizations. However, before the CG 21 51 endorsement will make sense, you will need to understand the purpose of the CG 21 50 endorsement. The Commercial General Liability Coverage Form CG 00 01 excludes liquor liability for a named insured “in...

  3. I.D. cards for self-insureds | Ask PIA

    How are I.D. cards for self-insured entities handled?

    Self-insureds are not subject to the New York State Department of Motor Vehicles Insurance Information & Enforcement System transaction requirements. They can be issued FS-80 I.D. cards by the DMV only. For this reason, the producer’s I.D. card software does not include an FS-80 option.

  4. Selling LTC policies | Ask PIA

    What type of producer license is needed to sell long-term care policies in New York?

    Long-term care policies are considered a type of accident and health coverage. Thus, they can be sold by an agent of the company under the life, accident & health agent’s license or by a producer licensed as a broker (either the traditional broker’s license or the life, health and accident broker’s license).

  5. Defense within limits | Ask PIA

    Is an insurance company permitted to offer a policy in which the defense costs could exhaust the limits of the policy, leaving nothing to pay the claim? The coverages involved are fiduciary liability and employment practices liability.

    Regulation 107 provides that a liability insurance policy which contains a provision that reduces the limits of liability stated in the policy by the costs of legal defense, may be issued in this state only for certain types of risks or coverages, and only for higher-limit policies. Defense-within-limits policies can...

  6. DBL rules on LLCs | Ask PIA

    What is the correct way to treat the partners of limited liability companies for purposes of New York’s statutory disability coverage?

    According to the Workers’ Compensation Board Release Subject No. 046-120 (Oct. 3, 2003), members of LLCs are treated as regular partners, in the same manner as members are treated as partners under workers’ compensation rules. In other words, DBL benefits are not mandated for LLC members. Like sole proprietors and...

  7. Tie-in sales | Ask PIA

    Recently we were asked by one of our commercial insurance markets to make the sale of one of its products conditional on the insured buying another of its products. Is this permissible?

    This practice is not permissible unless the company goes about it in a specified way. If purchase of the first policy is a prerequisite for access to the second, then this fact must be spelled out in the first policy’s contract language in order to avoid violating the state’s law...

  8. Credit for drug-free workplace | Ask PIA

    Can a carrier grant a credit on a New York state workers’ compensation premium for a drug-free workplace?

    Yes. For those employers with an approved drug- and alcohol-prevention program that meets the requirements of Industrial Code Rule 60, a credit of 2% may be applied in every full year for which the employers are entitled to the credit. In 1996, the New York State Department of Financial Services...

  9. Midterm cancellation | Ask PIA

    We wrote a commercial policy in September. In December, after the policy had been in effect for more than 60 days, the insured got a midterm cancellation notice based on “physical change in the property insured.” There has been no change in this risk since we wrote it. Can the...

    No. After the policy has been in effect for 60 days, midterm cancellation can occur only for a very limited list of reasons found in Section 3426 of the Insurance Law. These include the grounds spelled out at Section 3426(c)(1)(E): “material physical change in the property insured, occurring after issuance...

  10. Coverage for unregistered truck | Ask PIA

    Our client was trying to pull his boat out of the water (his property is directly on the water). First, he borrowed a neighbor’s truck, but the truck couldn’t do the job. Leaving the neighbor’s vehicle there, our client got an old four-wheel-drive truck that is not registered but used...

    First of all, the insurer is giving the wrong reason to exclude coverage on the personal auto policy. The correct reason is because the vehicle is owned and not scheduled on the personal auto policy. Second, the company is not correct about the homeowners coverage, provided the old four-wheel-drive...

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