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  1. Commercial policies in individual name | Ask PIA

    Does the Rental Vehicle Coverage Endorsement apply to a commercial policy that insures vehicles used for business purposes?

    If an insured vehicle of the private-passenger or station-wagon type is owned by an individual who is the named insured on a commercial auto policy and it is used for business purposes, the policy qualifies for mandatory rental vehicle coverage. However, if the insured vehicle is a pickup, delivery sedan, panel truck...

  2. Mandatory N.Y. rental vehicle coverage for an antique auto policy | Ask PIA

    Is an antique auto a “private-passenger motor vehicle”?

    Yes. There is no distinction made in the law among private-passenger and station-wagon types. Consequently, there is no basis to exclude an antique auto, which means an antique auto policy should provide rental vehicle coverage.

  3. Sport-utility vehicles | Ask PIA

    What about a policy that only has a minivan (Dodge Caravan) insured under the policy? Are SUVs considered a private-passenger vehicle in order to qualify the policy for rental vehicle coverage?

    “Private-passenger motor vehicles” is a term used in the law to qualify a policy for the mandatory endorsement. I assume these questions are attempting to identify the category that SUVs and Caravans should be placed—under Category One (private-passenger or station-wagon type) or Category Two (pickup body, a delivery sedan, panel...

  4. Business use pickups | Ask PIA

    What if a personal auto policy insures only a pickup used for business purposes? Will this policy qualify for rental vehicle coverage?

    To qualify the policy for mandatory rental vehicle coverage, at least one (and no more than four) of the insured vehicles must be a “private-passenger motor vehicle.” According to Section 3440 of the Insurance Law, a “private-passenger motor vehicle” is a motor vehicle … “with a pickup body, a delivery...

  5. Rental coverage—five or more vehicles | Ask PIA

    We have a few personal-lines clients who have five or more vehicles insured on a personal auto policy. These are not fleet situations. It appears they would not have the rental coverage. Would it be available to them by endorsement? The law states the company must provide rental car coverage...

    The apparent frequency of this situation is one good reason to keep an eye on how many vehicles you are writing on a policy! For personal auto policies insuring five or more vehicles, there are two ways to secure the rental vehicle coverage. The simplest is to ask the company...

  6. Fleet eligibility | Ask PIA

    If a sole proprietor insures three private-passenger autos on a commercial automobile policy and they were used to conduct sales, will this policy qualify for rental vehicle coverage? Does it matter if three trucks also are insured on that policy?

    As long as it is not a fleet (five or more) of private-passenger autos, the policy must provide rental vehicle coverage. The fact that trucks also are insured does not impact the requirement to provide the coverage.

  7. Duplicate coverage | Ask PIA

    If an insured has two auto policies, would both respond to a rental vehicle claim (e.g., one personal auto policy and one antique auto policy)?

    I refer you to the “Priority Of Payment” provision of the Rental Vehicle Coverage Endorsement. It states that if both policies have equal priority (e.g., the claimant is a named insured on both policies), then the policy that is first claimed is the one that pays (in other words, it...

  8. Motorcycle rental | Ask PIA

    Would renting a motorcycle while on vacation be covered if you don’t have a separate motorcycle policy?

    According to the New York State Department of Financial Services Office of General Counsel opinion issued on Oct. 16, 2003, a motorcycle is a “private-passenger motor vehicle” (as defined by Insurance Law Section 3440(a)(1) for which rental vehicle insurance coverage must be provided. Therefore, the New York Rental Vehicle Coverage...

  9. U-Haul rental | Ask PIA

    When someone is moving and they rent a U-Haul van, is there coverage on the personal auto policy for damage to the van? Is there a size limitation or is there just no coverage whatsoever?

    Most moving trucks that you can rent from U-Haul, Ryder or other sources will NOT meet the “rental vehicle” definition in the mandatory Rental Vehicle Coverage Endorsement—New York (PP 03 46). It must be “a motor vehicle of the private-passenger or station-wagon type or a motor vehicle with a pickup...

  10. Contingent liability for uninsured contractors | 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 or...

    The New Jersey Workers’ Compensation Act (specifically, Section 34:15-40—Liability of a third party) does not give anyone but the employer immunity from civil suit. It appears that unless the statutes specifically afford immunity (as in Connecticut), the general contractor should not expect to be immune. In fact, in Boehm v....

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