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  1. Employee vs. independent contractor—insurance agents/brokers | Ask PIA

    When did insurance agents and brokers get the right to be treated as independent contractors?

    Effective Nov. 23, 2002, as declared by Chapter 574 of the Laws of 2002, licensed insurance agents and brokers are deemed to be independent contractors as long as certain conditions are met. The conditions are that: a) the agent/broker is paid by commission; b) it is not...

  2. Contingent liability for uninsured subcontractors | Ask PIA

    A subcontractor’s employee is injured on the job and it is discovered that the subcontractor’s policy is not in force. The general contractor’s policy pays the subcontractor’s employee the workers’ compensation benefits. Can the employee of the subcontractor sue the general contractor for negligence and collect, or is he barred...

    There does appear to be case law with regard to your question. Although the general contractor is conditionally liable for the subcontractor’s workers’ compensation obligation, the general contractor is not the injured employee’s employer. The New York Court of Appeals held in Sweezey v. ARC Electrical Construction Co., 295 NY...

  3. Employee vs. independent contractor—principals excluded | Ask PIA

    If a sole proprietor or partner does not elect coverage on their workers’ compensation policy, could they collect from the policy of the contractor who hired them in the event of an injury?

    Possibly. The sole proprietor or partner may collect benefits if the administrative judge decides that the contractor who hired the worker had exercised sufficient control over the worker at the time of injury so that an employer-employee relationship could be inferred. If the work being performed is construction, the Fair...

  4. Employee vs. independent contractor—contract | Ask PIA

    Is it possible for the employer and the worker to establish an independent contractor relationship by contract?

    New York courts have held that the existence of an employer-employee relationship is a factual issue for the Workers’ Compensation Board to resolve and its finding must be upheld if supported by substantial evidence. The factors relevant to such finding include the right to control the work, the method of...

  5. Insuring independent contractors | Ask PIA

    Is an independent contractor with no employees required to have workers’ compensation insurance when hired by another entity? Must the uninsured independent contractor’s payroll be charged on the hiring entity’s policy?

    The Workers’ Compensation Law (Section 50) requires every employer to purchase workers’ compensation insurance (or qualify for self insurance). If the independent contractor is a sole proprietor or partnership conducting operations without employees, there is no legal requirement to purchase a policy because they are not employers. However, because the...

  6. Insurance scenarios—producer’s liability | Ask PIA

    I would like some additional information regarding a producer’s liability for presenting the scenario information. If a producer used one of the scenarios and filled in the blanks with an incorrect percentage or premium amount; and the customer after a claim discovers the cost would have been much less than...

    First, the immunity producers currently have under the law for coverage choices made by an insured on the Coverage Selection Form relates only to the insured’s selection of coverages. It does not provide immunity to producers if they make a mistake in rating or quoting the price for the policy....

  7. Condominium—large association deductible | Ask PIA

    There was a $20,000 property loss at one unit of a condominium and the association policy has a $25,000 deductible. The association now wants the unit owner to pay the amount of loss that does not exceed the deductible. Where does the unit owner get coverage for this assessment?

    As condominium associations have been purchasing property insurance with higher deductibles in recent years, they began to stray from their communal roots. As in this case, some associations are assessing the policy deductible solely to the unit owners who actually sustained damage to their units. Since the pre-2000 edition ISO...

  8. Other states’ rental car laws | Ask PIA

    How does New York’s law compare with other state laws on rental cars?

    Many states have laws that govern the provisions of rental car contracts, resulting in various restrictions on the renter’s liability in those states. Unfortunately, I do not have a summary for each state to offer, but I can assure you that New York law is unique. With respect to personal...

  9. Named nonowner policy | Ask PIA

    If the insured has a named nonowner policy, and does not own or lease an auto, is the policy going to include rental vehicle coverage?

    The Rental Vehicle Coverage Endorsement—New York (PP 03 46) is only required if the policy insures owned or leased private-passenger motor vehicles. Since a named nonowner policy does not insure owned or leased vehicles, the endorsement is not required. However, an insurer is free to offer this coverage under the...

  10. Commercial policies | Ask PIA

    Everyone in my office was surprised to hear that the Rental Vehicle Coverage Endorsement is mandatory on commercial policies. Please confirm.

    According to New York Insurance Law Section 3440, commercial policies are required to have the endorsement only under the following limited circumstances: the policy is issued to an individual; and the policy insures less than five “private-passenger motor vehicles.” Actually, this law applies to every motor vehicle liability insurance...

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