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  1. Automatic additional insured | Ask PIA

    If we indicate that a contractor is an additional insured on a certificate of insurance and there is an automatic additional insured endorsement on the policy, what is an agent’s duty to verify that the insured has agreed in writing to name the contractor as an additional insured?

    While we could talk about the agent’s duty to verify (which puts us in the position of forecasting judicial interpretation), I would prefer to put the monkey on the certificate holder’s back. In the Description Of Operations/Locations/Vehicles section on the certificate, state something to this effect: Per the terms...

  2. Licensing exemptions when writing a multistate risk | Ask PIA

    Do I need to be licensed in every state where one of my commercial clients has a location? I am licensed and write the policy where the company has its headquarters.

    The answer will depend on the licensing laws of the state(s) where the company has a physical location. However, the National Association of Insurance Commissioners’ Producer Model Licensing Act is designed to exempt producers from having to become licensed in multiple states simply through writing a multistate commercial risk. States...

  3. Consultative services | Ask PIA

    If I’m an insurance agent, can I charge a customer a fee for helping them collect a claim payment?

    In New York, the only services for which an insurance agent can charge the customer a fee are ‘consultative services,’ as contemplated by Insurance Law Section 2119. In part, Section 2119(a) states that an agent can charge a fee for “examining, appraising, reviewing or evaluating” an insurance policy as long...

  4. Borrowed motorcycle | Ask PIA

    On a commercial auto policy, if a customer borrows a motorcycle that is owned by a corporation (named insured) and is involved in an accident, is the motorcycle considered “any auto” (Symbol 1)?

    According to the commercial auto policy, “auto” is loosely defined as a land motor vehicle, trailer or semitrailer designed for travel on public roads but does not include “mobile equipment.” The definition of “auto” is quite broad, relating to any land motor vehicle, trailer or semitrailer. So, mopeds and motorcycles,...

  5. Insolvency protection—truckers policy | Ask PIA

    Does the New Jersey Property-Liability Insurance Guaranty 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 carrier?

    The New Jersey Property-Liability Insurance Guaranty Fund does not make any exceptions for the amount of liability paid out per claim. N.J.S.A. 17:30A-8.1 states: that obligation shall include only that amount of each covered claim which is less than $300,000 per claimant and subject to...

  6. PIP coverage territory | Ask PIA

    Does personal injury protection coverage follow the policy territory (typically, the United States, its territories, Puerto Rico and Canada) or is it different for this coverage? For example, would an insured be covered for PIP while renting a car in Spain?

    The PIP endorsement designates the territory as “worldwide” because the statute does not restrict the location of coverage, so it is implied to be worldwide. A decision by the Superior Court of New Jersey, Hermann v. Rutgers Casualty Insurance Co., 221 N.J. Super. 162, prompted the Department of Banking and...

  7. Step-down provision | Ask PIA

    I think I am correct that if a passenger in a commercial vehicle has an uninsured motorist claim, that the maximum limits recoverable under the commercial auto policy step down to the limits that would be available on the injured party’s personal auto, but what if the personal auto limits...

    You are remembering what used to be correct; however, that scenario is no longer the case. Effective Sept. 10, 2007, the New Jersey Legislature (by enacting P.L. 2007, c.163) reversed the Supreme Court decision in Pinto v. New Jersey Manufacturers Insurance Co., which previously made the “step-down” provisions legal for commercial...

  8. Late nonrenewal notice | Ask PIA

    My commercial-lines client just received a nonrenewal notice 10 days prior to his policy effective date. The notice states that they are nonrenewing the policy to be effective during the new policy period. Is this legal?

    Actually, yes it is legal. In order for the nonrenewal notice to be in compliance, the carrier must extend the policy out 60 days from mailing. New York Insurance Law Section 3426(e)(5)(B) states in relevant part that: In the event a late nonrenewal notice is provided by the insurer prior...

  9. Uninsured motorist property damage | Ask PIA

    Car A is rear-ended by Car B after Car B was rear-ended by Car C. Car A suffered property damage only, but Car B’s insurer is denying coverage (stating no negligence) and Car C is insured with a Special Automobile Insurance Policy. Car A has no collision coverage, so how...

    Coverage will be provided by Car A’s uninsured motorists coverage, subject to the property damage limit and the $500 deductible. Since it does not appear that Car B is at fault, there is no basis to make the insurer pay. Even if Car B partially contributed to the loss,...

  10. Underinsured motorists physical damage | Ask PIA

    My client was driving a truck carrying $18,000 worth of cabinetry when struck by another vehicle whose driver was at fault. The vehicle is insured by the at-fault driver with low limits, which likely will not be enough to compensate my client for his truck and the cabinetry damaged, since...

    Yes, the uninsured motorists coverage insures property damage, which is defined to include the covered automobile and the insured’s property contained in the covered automobile. The coverage is subject to the uninsured motorists physical damage limit and a mandatory $500 deductible. In addition, any first-party property coverage must first be...

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