Results 1841 - 1850 of 3226
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Can parents be held liable for the negligent acts of their children? | Ask PIA
Can parents of minor children be held liable under New York law for their kids having negligently started a fire that burned down the insured’s barn?
Probably not. In New York, a parent cannot be held liable for the negligent supervision of his or her children unless one or both of two judicially recognized exceptions to this general rule apply [see, Panlilio v. Vergakis, 2008 NY Slip Op 52616 (Sup. Ct., Nassau Co., 2008)]: if...
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Wholesaler service fees | Ask PIA
Can a wholesale insurance broker charge service fees?
Yes, but only if it is done correctly. A scenario was posed to the OGC as follows: “An insurance broker uses the services of another insurance broker (which is referred to herein as a ‘wholesale broker’ for purposes of clarity) for the placement of insurance. The wholesale broker charges the...
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Carpet damage | Ask PIA
My client is a carpet cleaner, who goes to locations to clean carpets. We have submitted a claim for a carpet which was damaged by his cleaning. The carrier denied the claim citing the exclusion for damage to “your work.” Is this proper?
General liability coverage is not a warranty for the insured’s work; this is a business risk the insured assumes. Under the ISO Commercial General Liability Coverage Form (CG 00 01), coverage would be excluded under one or more of the following Section I exclusions: j.(4) “Personal property in...
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Scanned documents | Ask PIA
Are scanned documents admissible in court?
Yes, New Jersey, Connecticut, Vermont and New York have adopted either the language of the Uniform Photographic Copies of Business and Public Records Act* or the Uniform Rules of Evidence Act, so long as the scanned document is done in the ordinary course of business and there is evidence that there...
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Ordinance or law coverage for improvements and betterments
| Ask PIAI place coverage for many clients that pay a considerable amount of money to make improvements in the buildings they lease in order to accommodate their restaurant operations. If additional costs are incurred to replace these improvements, because the building codes have changed since originally installed, is there any standard...
The ordinance or law coverage built into the Building and Personal Property Coverage Form reads, in part, as follows: e. Increased Cost of Construction This Additional Coverage applies only to buildings to which the Replacement Cost Optional Coverage applies. In the event of...
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Settlement of auto total loss | Ask PIA
A client was involved in an automobile accident and his vehicle was determined to be a total loss. The carrier gave the client an estimate which he thinks is too low. All attempts to contact the carrier to discuss this issue have been met with silence. Is there anything my...
Yes. First your client can investigate whether the offer made to him was fair or not. The New Hampshire Code of Administrative Rules Chapter Ins. 1002.15 states that when a carrier is adjusting a motor vehicle total loss they shall determine the total-loss settlement based upon the motor vehicle’s...
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Wine collections | Ask PIA
My client has asked if his wine collection, valued at $300,000, would be covered under his HO-3 policy. I’m not sure if this would be covered under Coverage C—Personal Property coverage. What does PIA think?
First of all, the wine is covered property because it is not excluded. Second, the wine is only covered for the broad-form perils applicable to Coverage C, which would preclude coverage for breakage, temperature change, contamination, flood, earthquake, etc. Third, the value of the wine collection should be well documented...
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Health club professional liability | Ask PIA
From a coverage standpoint is it better to rely on the silence of a commercial general liability policy for professional coverage if it is not excluded? The exposure is a health/athletic club. No exclusions apply. Or is it better to purchase a miscellaneous professional liability policy?
For health clubs classified under general liability codes 44311 or 44315, the ISO rules instruct the insurer to exclude professional liability by attaching endorsement CG 22 76. However, if the insurer does not add this endorsement, there will be coverage for the professional liability exposure.
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Eligibility for PIP benefits | Ask PIA
What are the two most important things policyholders need to know about eligibility for New Jersey PIP benefits?
PIP benefits are only payable for injuries involving the use of an “automobile,” which is defined in N.J.S.A. 39:6A-2(a) as: a private-passenger automobile of a private-passenger or station-wagon type that is owned or hired and is neither used as a public or livery conveyance for passengers nor rented to...
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Warranties of coverage | Ask PIA
I have a client who is a subcontractor. The client has asked that in addition to a certificate of insurance I provide them with a document warrantying that their insurance policy complies with the insurance requirements in their contract with the contractor. Can I issue this?
No, this type of document is illegal under New Jersey Statutes Annotated Section C.17:29A-58(5)(b).According to this section, a certificate of insurance, which is defined as a document or instrument, regardless of how titled or described, that is prepared or issued by an insurer or insurance producer as evidence of property...