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  1. Signatures—agency employees | Ask PIA

    We have agency employees who are not sub-licensees on our corporate license. Is it permissible for them to sign insurance applications on behalf of the agency?

    Your licensed employee is legally permitted to sign the applications. That said, just because they are legally permitted to sign applications does not mean they have an unfettered right to do so. It is within your authority as an employer to limit your employee’s ability to sign applications, especially as...

  2. Additional insured—sole negligence | Ask PIA

    In view of the fact that ISO’s revised additional insured endorsements exclude the sole negligence of the additional insured, is it correct to say that insurance companies will now be looking at whether the named insured was actually negligent before offering to defend the additional insured?

    A very discerning question! I suspect that there will be much litigation over this question. In the typical third-party-over action against a general contractor, the employee will not even reference the employer subcontractor in the suit (because a suit against his employer is barred), but will attempt to lay 100%...

  3. Damage by an additional insured | Ask PIA

    Does adding someone as an additional insured automatically preclude coverage for the additional insured when the named insured’s personal property is damaged by the additional insured?

    Yes, the additional insured would not be covered for damage to the named insured’s personal property. While each insured may make a separate claim under the policy due to the Separation of Insureds condition, even when one insured sues another insured (what is often referred to as cross liability), the...

  4. Splitting service fees | Ask PIA

    Can you review the rules for splitting service fees for surplus-lines business?

    Section 38a-707-7 of the Connecticut Insurance Regulations states that a producer and a surplus-lines broker involved in the same transaction may each charge a flat fee per policy placed in the surplus-lines market. In those situations, the sum of the fees charged by the producer and the broker may not...

  5. Waiver of Subrogation endorsement | Ask PIA

    I have a request from an insured for a Waiver of Subrogation endorsement and when I sent it to the carrier they said they could not find an ISO form for waiver of subrogation. Are all waivers of subrogation manuscript forms or is there a standard form?

    For commercial general liability policies, there is a standard ISO Waiver of Transfer of Rights of Recovery Against Us (CG 24 04) endorsement. For commercial auto policies, there is a standard ISO Waiver of Transfer of Rights of Recovery Against Us (CA 04 44) endorsement. There is no commercial property...

  6. Concession volunteers | Ask PIA

    Our local town baseball league has volunteers who help at the concession stand during the baseball games. Each volunteer receives a stipend of about $35, applied as a credit on their child’s league dues. The league has a general liability policy to cover limited medical bills for injuries to the...

    A representative from the Workers’ Compensation Commission does not believe the concession stand worker would be considered a covered employee under these circumstances, despite the remuneration paid. If deemed an employee at all, the worker would be considered a “casual” employee, excluded by statute [Section 31-275 (9) (B) (ii)—One whose...

  7. Controlled business commissions—the 10 percent rule | Ask PIA

    Is it legal for a New York-licensed insurance broker to act as the broker in placement of homeowners or commercial property insurance on a piece of property that is being acquired by the broker or by members of the broker’s immediate family?

    In most cases, yes. The underlying expectation is that an insurance license is not intended to become a vehicle for obtaining illegal rebates on one’s own insurance program. There are provisions in licensing and rating (anti-rebating) sections of the Insurance Law designed to prevent a person or firm from becoming...

  8. Nonprofit volunteer immunity | Ask PIA

    What is the Connecticut statute I can refer my nonprofit director and officer customers to regarding volunteer immunity?

    You can refer your director and officer clients to Connecticut Statute Chapter 925, Section 52-557m—Immunity from liability of directors, officers and trustees of nonprofit tax-exempt organizations.

  9. Primary residence determination | Ask PIA

    Does PIA have anything on how to determine what is the primary residence for homeowners insurance and which location a vehicle should be registered?

    The following is what the New York State Vehicle and Traffic Law Section 250(5) states: As used in this section, the term ’resident’ shall mean domiciliary, that is, one who lives in this state with the intention of making it a fixed and permanent abode. It shall be presumptive...

  10. Premium-financed policies—wholesaler reporting requirement | Ask PIA

    There is a law pertaining to premium-financed policies placed through wholesalers in New York. Does it mean that premium-finance companies can’t send premiums to retail-level brokers for remittance?

    No. The law explicitly permits the premium to be advanced to the retail-level broker. The law you are referring to is Chapter 527, Laws of 2004, enacted Sept. 28, 2004, and effective Jan. 1, 2005. It essentially is a reporting requirement designed to alert the wholesaler and the carrier when...

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