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  1. Cancellation at policyholder’s re | Ask PIA

    Is a company required to cancel flat when the policyholder presents evidence that another policy was obtained for the same risk that became effective on the same date as the policy the insured wants to cancel?

    No—not unless there is a policy provision that states so. When an insurance policy is canceled at the behest of the policyholder, the provisions of the policy regarding cancellation govern the transaction. Normally, an insurance contract provides that the policyholder may cancel by providing advance written notice or returning the...

  2. Employment status | Ask PIA

    An employee was directed by his employer to pick up the employer’s mail on the way to work. On this trip, the employee had an auto accident. Is this employee’s injury covered under the New York Workers’ Compensation Law?

    Based upon the information given, the answer would be yes. The general “going and coming” rule precludes workers’ compensation coverage for injuries sustained during travel to and from the place of employment. There are, however, exceptions to this rule. One of these is the “special errand” exception, which applies...

  3. Executive officers workers’ compensation coverage | Ask PIA

    In New Jersey, can a stockholder of a corporation reject workers’ compensation coverage if only two stockholders own the corporation?

    Executive officers, regardless of number, cannot be excluded in New Jersey. However, true volunteers, where no remuneration is received, are not required to be covered.

  4. Insolvency protection—truckers policy | Ask PIA

    Does the New York Property/Casualty Insurance Security Fund have to provide the same liability limits required by federal endorsement MCS 90 on truckers policies for payment of a claim for an insolvent insurer?

    The New York Property/Casualty Insurance Security Fund does not make any exceptions for the amount of liability paid out per claim. New York Insurance Law Section 7603(H)(2) states: No payment from the Property/Casualty Insurance Security Fund shall be made to any person who owns or controls 10% or more of...

  5. Workers’ compensation employee waivers | Ask PIA

    Insured has an independent contractor who does part-time clerical work for him at his office. She also works for some five to 10 other people at any given time and with exception of the insured and one other employer picks up paperwork and takes it to her home for processing....

    Per Section 32 of the New York Workers’ Compensation Law (quoted below), a “disclaimer” form that is intended to provide a means for an individual to opt out of coverage would not be valid and enforceable. This is why you have been unable to find an appropriate form. The statement...

  6. Religious institutions | Ask PIA

    Is workers’ compensation required for clergy or employees of the church (i.e., secretary, organist, etc.)? If not, what happens when one of these employees gets hurt on the job at the church?

    Clergy, teachers and other employees of a religious organization who do not perform manual labor are not subject to the Workers’ Compensation Law unless coverage is elected. The New York Workers’ Compensation Board, for example, considers manual labor to include custodial work, outdoor maintenance, furniture moving and playing musical instruments....

  7. Motorcycle PIP | Ask PIA

    Our agency has noticed that some motorcycle policyholders who come to our office for an insurance quote have OBEL coverage on their current policy. Is this really available on a motorcycle and what would it cover?

    According to Section 5102(a)(5) of the Insurance Law, Optional Basic Economic Loss coverage shall be made available (along with a notice of explanation) when applying for a policy subject to mandatory personal injury protection coverage. Apparently, when the Department of Financial Services promulgated Regulation 68, it interpreted this requirement to offer...

  8. New York State Insurance Fund fees | Ask PIA

    On a piece of business written through the New York State Insurance Fund, is it permissible to charge a service fee to the client as we receive no commission on this business?

    Yes. When placing business through the New York State Insurance Fund you are considered a broker and, therefore, allowed to charge a service fee. You would be required to follow the rules for charging service fees including obtaining a signed written memorandum from the insured specifying the fee. These rules...

  9. Requiring employee contributions for workers’ compensation premium | Ask PIA

    My retail carpet store client has a workers’ compensation policy. Besides his regular employees, he hires independent contractors (allegedly) to lay carpet that has been sold. His insurer includes in the premium basis the remuneration paid to these contractors unless proof of workers’ compensation coverage is obtained from them. If...

    This is not legal and considered a misdemeanor offense per Section 31 of the Workers’ Compensation Law, which is quoted as follows: Section 31. Agreement for contribution by employee void. No agreement by an employee to pay any portion of the premium paid by his employer to the...

  10. Vehicle owner’s vicarious liability | Ask PIA

    My client is being surcharged for an accident under circumstances where his vehicle was stolen by an individual who was negligent in causing property damage with the vehicle. My client had left the vehicle unlocked with the motor running while temporarily parked on the street in front of his home....

    While it may sound strange, it nevertheless is true. Under criminal law, this vehicle was clearly stolen and the operator will no doubt be prosecuted. Under the vehicle owner’s vicarious liability statute (Section 388 of the New York State Vehicle and Traffic Law) and the unattended motor vehicle statute (Section...

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