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  1. Ownership of expirations | Ask PIA

    Do I have undisputed ownership of my expiration information, regardless of what my agency agreement says?

    Absolutely not. In general, insurance agents own the right to use and control the expiration information relating to business they personally produced. While the information truly belongs to the insured, the insurance agent has the right to use the information and to prevent others from using the same. Just because...

  2. Statute of limitations in subrogation action | Ask PIA

    My client, ABC Swim Club, has a commercial general liability policy with Small Insurance Co. ABC had a swim meet at XYZ Swim Club who has a commercial general liability policy with Medium Insurance Co. A member of ABC injured herself while diving into XYZ’s pool. The injured member has...

    First of all, if the injured member had sued ABC, the damages awarded would be a paid claim. So, it’s the member’s decision to sue only XYZ that has placed these damages into a potential subrogation action by Medium. Knowing that a subrogation action is imminent, it would be appropriate...

  3. Subrogation time frame | Ask PIA

    Is there a time frame when a company has to advise an insured that they are subrogating and is there a time limit on filing the subrogation action? We would like the answer in the context of Connecticut law.

    There is nothing in the policy that gives the insurer a time limit on advising an insured that a subrogation action will be taken. Policy provisions typically obligate the insured to cooperate with the insurer’s action and protect the rights of the insurer. Since the insurer is assuming the rights...

  4. Waiving your rights | Ask PIA

    When the ISO Commercial Property Policy speaks of waiving “your rights,” doesn’t it ultimately mean a waiver of the insurer’s rights?

    By definition, “your” is the named insured, and so the policy is speaking of waiving the named insured’s rights. Under certain specified conditions in the Transfer of Rights of Recovery Against Others to Us provision located in the Commercial Property Conditions CP 00 90 endorsement, the named insured is permitted...

  5. Third-party-over actions | Ask PIA

    How does the subcontractor’s Commercial General Liability Policy respond to third-party-over actions when that policy is endorsed to waive subrogation? How is this impacted by hold-harmless agreements with the general contractor?

    The typical third-party-over action involves injury to the employee of a subcontractor. In order to cross over the exclusive-remedy provision of the Workers’ Compensation Law, the employee sues the general contractor, who then brings it back to the subcontractor by means of coverage as an additional insured or indemnification under...

  6. Waiver of subrogation vs. waiver of transfer of rights | Ask PIA

    If our insured is contractually required to name the other party as an additional insured on his policy, wouldn’t the request to also attach the Waiver of Transfer of Rights of Recovery Against Others to Us (CG 24 04) endorsement be redundant? Is a “waiver of subrogation” the same...

    The answer to your first question is yes. An additional insured already has subrogation waived, although it also can be waived by a hold-harmless agreement or by endorsement. Under the “antisubrogation” rule, an insurer has no right of subrogation against its own insured for a claim arising from the...

  7. An employee’s right to sue under voluntary workers’ compensation coverage | Ask PIA

    If an employee is not subject to the Workers’ Compensation Law and the employer chooses to voluntarily cover the employee for workers’ compensation benefits, does the employee retain the right to sue his employer?

    The short answer is yes, but there are conditions. The employee may accept the workers’ compensation benefits, which are paid immediately and regardless of fault, but only if the employee surrenders his right to sue. Alternately, the employee may reject the workers’ compensation benefits and sue the employer, but then...

  8. An employee’s right to sue under voluntary workers’ compensation coverage | Ask PIA

    If an employee is not subject to the Workers’ Compensation Law and the employer chooses to voluntarily cover the employee with workers’ compensation benefits, does the employee retain the right to sue his employer?

    The short answer is yes, but there are conditions. The employee may accept the workers’ compensation benefits, which are paid immediately and regardless of fault, but only if the employee surrenders his right to sue. Alternately, the employee may reject the workers’ compensation benefits and sue the employer, but then...

  9. Contingent liability to 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 barred...

    The general contractor would be granted immunity because...

  10. Condominium assessments—common property | Ask PIA

    If the condo association insures common property only for broad-form perils, how could the unit owner be protected for assessments made for damage caused by an unnamed peril?

    Since Loss Assessment coverage responds to any peril insuring Coverage A property (except earthquakes and volcanic land shocks), adding special-form coverage under the HO 17 32 endorsement will provide loss-assessment protection for all perils not excluded in that endorsement. However, most association policies will have special-form coverage.

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