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  1. Paid Sick Leave—additional leave | Ask PIA

    I already provide my employees with paid time off. Do I need to provide them with an additional 40 hours of sick time too?

    That depends. I know that this is the ultimate attorney answer but in this case it really does depend on a few factors. Under the law, an employer shall be deemed to be in compliance if they offer paid time off (personal days, vacation days, sick days, etc.) which is...

  2. Sump pump | Ask PIA

    A client just completed a $25,000 basement refinishing project. They are looking to make sure they have adequate coverage for it. Aside from flood coverage, is there any other coverage that would protect them from water damage?

    Well, I have good news. The ISO Homeowners Policy can be endorsed with the Limited Water Back-Up And Sump Discharge Or Overflow (HO 04 95; HO 23 85 NY) form, which states: We will pay up to the Limit Of Liability shown in the Schedule for direct physical loss,...

  3. Payroll services and similar sales incentives | Ask PIA

    May a producer offer payroll services as an incentive to buy insurance from the producer?

    No. The New York State Department Financial Services recently warned producers against offering free or discounted services not directly related to the insurance they sell. “Payroll services” are among the things the NYSDFS warns about. “If provided by an insurance producer to an insured or prospective insured for ‘free’ or...

  4. Cyberbullying | Ask PIA

    Would a homeowners policy provide coverage in the event an insured is accused of cyberbullying?

    First, let’s define exactly what cyberbullying is. The National Crime Prevention Council’s definition of cyberbullying is “when the internet, cell phones, or other devices are used to send or post text or images intended to hurt or embarrass another person.” The practice of cyberbullying is not limited to children; cyberstalking...

  5. Family member renting a vehicle | Ask PIA

    The resident daughter of my client is renting a car out of state while on vacation. Will she be covered on her parent’s personal auto policy?

    She will have liability coverage because a family member is covered for the use of any auto that is not excluded, and no exclusion is applicable here. In order for physical damage coverage to apply to the daughter’s rental car, the parents must have at least one vehicle scheduled...

  6. Midterm cancellation | Ask PIA

    Can an insurer cancel a policy midterm for lack of supporting business?

    No, midterm cancellations must flow from a department-approved underwriting guideline. These guidelines are found in N.J.A.C. 11:1-20.4. Lack of supporting business is not one of the included factors.

  7. PAIP/CAIP certification | Ask PIA

    Can we continue to write with CAIP if we terminate our PAIP certification?

    A Personal Auto Insurance Plan/Commercial Auto Insurance Plan-certified entity may give up PAIP and keep CAIP. However, just because you certify in PAIP, it does not mean you are certified in CAIP. While the class is for both PAIP and CAIP, separate applications are required for each Plan.

  8. Stated amount | Ask PIA

    An antique auto insured under a business auto policy was stolen. The amount the insurer offered was less than the stated value. Is this correct?

    Yes, assuming the company can back up its offer using data from standard valuation manuals. The Stated Amount Insurance (CA 99 28) endorsement on the BAP should not be confused with a “valued” policy, such as a life insurance policy or a fine arts floater. Even though a “limit of...

  9. Certificates—prescribed language | Ask PIA

    We received a certificate of insurance with the following statement stamped on the back page:IMPORTANT NOTICE: THE NEW YORK STATE DEPARTMENT OF FINANCIAL SERVICES HAS STATED THAT 1) THIS CERTIFICATE OF INSURANCE PROVIDES EVIDENCE OF COVERAGE IN LIEU OF AN ACTUAL COPY OF THE INSURANCE POLICY; 2) THIS CERTIFICATE DOES...

    There is no prescribed New York-specific language that must be on the certificate. Someone created this stamp to discourage complete reliance upon the certificate and to, hopefully, forestall requests to modify the certificate when not supported by policy provisions. While I generally do not recommend adding any language to ACORD...

  10. Borrowing a friend’s truck to pick up supplies | Ask PIA

    I borrowed my friend’s pick-up truck so I could go to Home Depot and get some supplies. While I was borrowing it, I got into an accident. I don’t want my neighbor to have his rates raised because of this. I just want to confirm that my insurance will cover...

    This claim should be submitted to your friend’s insurer; and if his limits are insufficient to pay the damages, it also should be submitted to your insurer. Even though you do not want this loss to impact your friend’s policy premium, the policy insuring the vehicle’s owner is considered the...

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