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  1. Refusal to accept premium | Ask PIA

    Can an agency stop collecting or decide not to accept premium payments from their insureds?

    Pursuant to New York Insurance Law Section 2101(a), a premium payment made to an insurance broker is deemed to be payment made to the insurer. An insurance broker should (emphasis added) accept an insured’s premium payment where it is in the insured’s best interests to do so. An insurance agent...

  2. Disruptive client—agency refusal to write coverage | Ask PIA

    What do you do with a client that you don’t want anymore? We have an insured that is very disruptive when he comes into the office to make a payment.

    New York State Insurance Law contains no requirements governing a producer’s termination of service to a policyholder. The terminating producer should advise the policyholder of the right to continue coverage with the insurer, unless canceled or nonrenewed in accord with New York Insurance Law Section 3425 or 3426. Tell the...

  3. Flu outbreak coverage | Ask PIA

    Is there any type of insurance available that covers a business in the event of a widespread flu outbreak?

    When we start talking about flu outbreaks or in the severe case—pandemics, the first thought should be about the safety of the employees. Your first step should be to ensure that you have taken the necessary precautions for your business. A great resource is at https://www.cdc.gov/flu/pandemic-resources/index.htm, Influenza Planning and...

  4. Minimum notice of cancellation or nonrenewal—group health policies | Ask PIA

    How much notice must be given to nonrenew or cancel a group health insurance policy in New York state?

    Cancellation, including nonpayment cancellation and nonrenewal, all require a minimum of 30 days’ notice. The policy may afford a longer time frame. The minimum standards for terminating group health insurance policies (which include similar policies such as vision and dental care) are contained in New York State Regulation Section 52.18(c):...

  5. Fax copies of I.D. cards | Ask PIA

    Is it legal for an insurance agent in the state of New Jersey to fax copies of their clients’ insurance identification cards to an auto dealer when the client is purchasing a new car?

    In Bulletin 04-21, the Department of Banking and Insurance introduced an option to fax or email a temporary I.D. card. This card is not to be used by insureds as a substitute for the insurance identification card required by N.J.A.C. 11:3-6. Rather, these documents are to be used only...

  6. Condo mortgagee requests to be additional insured | Ask PIA

    We often receive requests from the unit owner of a condo that their mortgagee wants to be added as an additional insured on the condo association’s policy. Can they request this?

    The easy answer is, yes, they can request it. Now the hard part is whether you can accommodate the request. This question comes up more than you realize. It seems that a bank or lending institution looks at condo policies in the same way they look at homeowners policies—we have...

  7. Commercial insurance policy cancellation based on an insured’s failure to comply with an insurer’s recommendations | Ask PIA

    Is an insured’s failure to comply with an insurer’s recommendations, in and of itself, a valid basis for canceling a new or renewed commercial-lines insurance policy?

    No. According to a New York State Department of Financial Services Opinion of General Counsel 09-09-02, an insured’s failure to comply with an insurer’s recommendations, in and of itself, is not a valid basis for canceling a new or renewed commercial lines insurance policy under Insurance Law Section 3426. Pursuant...

  8. Excess-line renewal application | Ask PIA

    Some wholesale brokers advise that they do not require a new application for a policy’s renewal. We would prefer to get a signed renewal application. What does the Department of Financial Services require for excess-line policies?

    An insurer may exercise its own discretion whether to require a new application for a renewal policy. However, New York law and regulations do impose other requirements for new and renewal excess-line transactions. For details, see PIA QuickSource document No. QS31405, titled Excess-line essentials.

  9. Terrorism Risk Insurance Program Reauthorization Act of 2015 | Ask PIA

    Can you tell me how my clients are impacted by the Terrorism Risk Insurance Program Reauthorization Act of 2015 with respect to offers of terrorism coverage?

    The Terrorism Risk Insurance Program Reauthorization Act of 2015 (H.R.26) extended TRIA six more years until Dec. 31, 2020. There has been no change in the make-available provisions, the applicable lines of insurance and the covered acts (foreign and domestic terrorism). Policyholders generally will not be impacted by the transition to...

  10. Paid Family Leave—health insurance contributions | Ask PIA

    When an employee is out on Paid Family Leave, do they (the employee) still have to contribute to their health insurance premium?

    The employer must continue to provide health insurance benefits while the employee is on leave, if the employee receives his or her benefits through the employer. Employees are required to continue contributing to these health benefits while they are on leave, though how this will be done is still unclear....

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