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  1. Cyber security regulation—covered entity | Ask PIA

    Can an entity be both a covered entity and a third-party service provider under New York’s 23 NYCRR Part 500 cyber security regulation?

    Yes. According to the New York State Department of Financial Services, an entity can be both a covered entity and a third-party service provider. You can find a more detailed DFS response to this question at https://www.dfs.ny.gov/industry_guidance/cyber_faqs.

  2. Corporate-owned vehicle | Ask PIA

    Can a corporate-owned auto (or LLC-owned auto) be insured under a personal auto policy or must it be insured under a business auto policy?

    Only an individual or spouse are eligible for a PAP. In order to insure a corporate-owned auto on a PAP, it will be necessary for the corporation to lease the auto to the executive officer. The PAP will be endorsed with the ISO Additional Insured—Lessor (PP 03 19) and Loss...

  3. Homeowners coverage for an indemnitee | Ask PIA

    Insurers we use to place homeowners policies with will not add a landlord or condominium association as an additional insured. Is there any other workable option that might satisfy these requests?

    There is. Contractual liability coverage can be found in the ISO Homeowners Policy under Section II, Coverage E—Personal Liability. It arises from an exception to the contractual liability exclusion, which reads as follows: F. Coverage E—Personal Liability Coverage E does not apply to: 1. Liability: b. Under any...

  4. Defense within limits (Reg. 107)—affected policies | Ask PIA

    Are policies issued in the Free Trade Zone and policies issued by excess-line insurers subject to the restrictions on policy terms found in Regulation 107 (Part 71) regarding defense-cost limits?

    For Free Trade Zone policies, the answer is yes. For policies issued by excess-line insurers, the answer is no. Background Free Trade Zone policies are subject to the requirements governing forms in New York; they merely are exempt from the requirement that forms be filed [OGC Opinion 05-08-01]. ...

  5. Disclosing former client’s information | Ask PIA

    A former client left my agency, and owes money on direct-billed policies. The insurer has retained a collection firm. The firm has contacted me seeking information about the former client, such as name, address, policy numbers and check images. Must I hand this information over? Can I refuse?

    This question touches on an intersection of various federal laws and their state-specific counterparts. First, the information described above, if given to you originally for the purposes of obtaining insurance coverage would likely qualify as “nonpublic personal financial information” or “personally identifiable financial information.” The debt-collection company, assuming they are...

  6. PIP coverage—motor bus benefits | Ask PIA

    How is Motor Bus Passenger coverage provided?

    Coverage is provided by the New Jersey Medical Expense Benefits Coverage—Motor Bus Passengers (CA 22 59) endorsement with a limit of $250,000 (subject to medical fee schedules), and is offset by amounts payable under:workers’ compensation; temporary disability benefits; Medicare; and military health care.In other words, since workers’ compensation generally pays...

  7. PIP coverage—motor bus no-fault | Ask PIA

    What is the no-fault coverage for a motor bus?

    Mandatory motorbus passenger coverage, consisting of medical expense benefits, applies to passengers injured by an accident arising out of the ownership, maintenance or use of an “insured motor bus” [N.J.S.A. 17:28-1.6]. The bus owner/operator is exempt from tort liability for noneconomic loss until the verbal threshold has been met...

  8. Electronic documents in insurance transactions | Ask PIA

    Has the New Jersey Department of Banking and Insurance issued any statements on the allowability of electronic documents in insurance transactions?

    Yes, the department issued regulations on the subject in 2005, following the adoption of the federal e-Sign law which, in essence, stated that electronic documents have the same force of law as paper documents, and can be used by both parties, so long as the parties consent to such electronic...

  9. PIP coverage—motor bus defined | Ask PIA

    What is an “insured motor bus”?

    The definition of “insured motor bus” is constructed in N.J.S.A. 17:28-1.5 so that the vehicle first must be an “omnibus,” which is a vehicle for hire as defined in statute (N.J.S.A. 39:1-1). According to the Motor Vehicle Commission’s website, an omnibus (Code 54) must display plates that contain the word...

  10. PIP coverage—fee schedule and protocols | Ask PIA

    How are the costs of PIP medical expense benefits limited?

    Protocols. There are regulatory protocols for medical-provider services [N.J.A.C. 11:3-4]. These govern the type of treatment that is payable, based upon the standard course of medically necessary treatment (including diagnostic tests) for identified injuries. Fee schedules. There are regulatory fee schedules for medical-provider services [N.J.A.C. 11:3-29]. These fee schedules...

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