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  1. Cyber security regulation—definitions | Ask PIA

    What is a “cyber security event”? What is “nonpublic information”?

    For the purposes of 23 NYCRR Part 500, a qualifying cyber security event is something that impacts your system in such a way that notice is required to be provided to a governmental body, self-regulatory agency or any other supervisory body or something that has a reasonable likelihood of materially...

  2. Prospecting: incentives offered by unlicensed employee | Ask PIA

    Is it legal for us to run a sales promotion in which an unlicensed person calls prospective insureds and: 1) offers a free gift if they agree to receive a quote; and 2) asks for the prospect’s current insurance information. (A licensed person would follow-up on these calls.)

    Yes, this promotion is legal provided you follow some guidelines. The offer of a free gift and the request for insurance information can be made by an unlicensed person employed by a licensed agent in the following circumstances:you (and/or your corporation) are a licensed insurance agent (and not licensed only...

  3. Time limit for WC uninsured penalty | Ask PIA

    Can an employer be charged with failure to maintain workers’ compensation coverage back in 2014-15? What evidence will the Workers’ Compensation Board accept to prove coverage was in effect?

    The Workers’ Compensation Board can look back only three years under the statute of limitations found in Civil Practice Law and Rules Section 214. In cases where the statute of limitations has not run out, a copy of the declaration page reflecting coverage for the time period in question is...

  4. Workers’ compensation, disability for family business | Ask PIA

    We insure a sole proprietorship. The owner’s wife works there. She is not an officer. Can she be excluded for workers’ compensation and disability, or must she be included?

    The Workers’ Compensation Law does not exclude family members from the definition of “employee.” So, the wife must be covered for workers’ compensation. Thanks to the efforts of PIANY, a mandatory exclusion from disability benefits no longer applies to spouses employed in family businesses. The law was changed in 1993 to...

  5. Slip-and-fall or no-fault? | Ask PIA

    We have an insured who slipped and fell on the ice in a hotel parking lot. He submitted a claim to the hotel and sent all his doctor bills, etc., to the hotel’s carrier. They told him that since he was exiting a vehicle, he must submit his claim to his...

    The New York Appellate Court, in Walton v. Lumbermens, does not interpret the application of no-fault law according to the terms of the personal injury protection coverage form. Rather, the court interprets the statutory language of the “use or operation of a motor vehicle,” which is not defined in the...

  6. Group property/casualty policies | Ask PIA

    Our client is the 100% owner of one corporation and a 50% owner of another. The business of these two entities are not related and there is no common control of the operations. Is there a rule that states they must have two separate liability policies?

    The short answer is “yes.” In general, New York state requires that all risks be underwritten on an individual basis. Section 3435 was enacted in 1986, permitting certain group policies to be underwritten in connection with public entities and nonprofit entities not under common control. Regulation 135 provides the rules...

  7. N.Y. vehicle located outside the U.S. | Ask PIA

    A client had her car shipped to Italy still bearing her New York license plates. The vehicle is insured through us and also in Italy. Due to certain Italian rules, the vehicle cannot be registered in Italy. Therefore, if we can’t return the New York plates, how can I cancel...

    You need to complete an FS-113 transaction form showing proof that the vehicle is located outside the U.S. The insurer code will be assigned as 995. If the New York policy terminates, there will be no suspension of the registration.

  8. Named-driver exclusion | Ask PIA

    Our insured’s car was parked and hit by someone from Indiana. The Indiana insurer is denying, saying the driver was an excluded individual on the policy. Unfortunately, our client does not have collision coverage on the policy. We thought if someone drives in New York, then New York rules apply.

    Section 311 of the Vehicle and Traffic Law, the Financial Security Act, requires operators of out-of-state vehicles to have an “owner’s policy of liability insurance,” which means either a policy issued by a New York-authorized insurer, or an unauthorized insurer which has filed a service of process with the New...

  9. Connecticut workers’ compensation for principals | Ask PIA

    Could you review the requirements regarding officers, partners, LLC members and sole proprietors with respect to workers’ compensation coverage in Connecticut?

    The president, vice president, secretary, treasurer or any other officer appointed in accordance with the charter or bylaws of a corporation are presumed covered under the Connecticut Workers’ Compensation Law. These executive officers may be excluded individually by filing an exclusion notice (Form 6B) with the Connecticut Workers’ Compensation Commission. All...

  10. Subpoenas | Ask PIA

    I just received a subpoena in connection with policies placed on behalf of my client. What is it and how should I respond?

    What is a subpoena? A subpoena is a legal order commanding the person or organization named in the subpoena to give sworn testimony at a specified time and place about a matter concerned in an investigation or a legal proceeding, such as a trial. A subpoena duces tecum substitutes the...

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