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  1. Physical damage inspection—waivers | Ask PIA

    Our companies are not consistent in their physical damage inspection requirements. Some waive the inspection if the vehicle is at least seven years old. Other companies, require an inspection in this case. Are they required to waive the inspections?

    No. According to 11 NYCRR 67.3. In the circumstance you cite, a company is permitted, but not required, to waive the physical damage inspection.

  2. Under-age alcohol possession charges and license suspension | Ask PIA

    I’ve heard that in Connecticut, when a minor is cited for possession of alcohol, even if he or she was not driving or in a vehicle, his or her license will be suspended. Is this really the case?

    Sadly, this is the case. C.G.S.A. 30-89 prohibits minors from possessing alcohol. C.G.S.A. 14-111(e) states, in relevant part, that: The commissioner shall suspend, for a period of 30 days, the motor vehicle operator’s license or nonresident operating privilege of any person under the age of 21...

  3. License suspended or revoked | Ask PIA

    When a New Jersey licensee has his or her license revoked or suspended, obviously he or she cannot engage in any work that requires licensure. However, may such a person work in an agency doing tasks that do not require licensure? May they work as an independent contractor or consultant...

    N.J.A.C. 11:17D-2.5(e) states that “No person whose license has been suspended or revoked may be a partner, officer, director or owner of a licensed business entity, or otherwise be employed in any capacity by an insurance producer.” The Department of Banking and Insurance, in response to an inquiry from PIANJ,...

  4. Employee fringe benefits | Ask PIA

    Must an employer provide employees with any fringe benefits such as health insurance?

    No, New York state law does not require an employer to pay or provide fringe benefits unless he/she has promised to do so. No employee has a statutory right to vacation pay, paid sick leave or employer-provided health insurance. Once a private employer agrees to provide fringe benefits, New...

  5. Workers’ compensation assessments | Ask PIA

    My client just received an assessment for his workers’ compensation policy. However, it also appears that there is another assessment included with it for a different program. Is it legal to combine assessments on The Workers’ Compensation and Employers’ Liability Insurance Policy, and can they take action on the policy...

    No, it is not legal and they cannot take action on the policy for it. The Workers’ Compensation and Employers’ Liability Insurance Policy which stipulates under the General Section (very beginning of the policy) in Paragraph A, “The Policy,” that “the only agreements relating to this insurance are stated in...

  6. Paying taxes on New York exposures | Ask PIA

    I am located and licensed in New Jersey but also have a nonresident license in New York. Recently, I received notice from New York state that our agency owes taxes in New York. We have no physical presence in New York other than some of our insureds having New York...

    The request is valid. As a foreign corporation your agency is required to pay taxes in New York state if you do business in or are authorized to do business in New York state.Foreign corporations, which include for-profit and not-for-profit corporations, limited liability companies and limited partnerships, that do business, employ...

  7. UM/UIM coverage; step-down provision; Drive Other Car endorsement | Ask PIA

    When an employee is scheduled on the Drive Other Car—Broadened Coverage For Named Individuals (CA 99 10) endorsement, does the uninsured and underinsured motorists(UM/UIM) coverage apply to that person as though they were a named insured, thereby, avoiding the impact of the “step-down” provision? If so, which vehicles would this...

    The DOC (CA 99 10) endorsement designates the scheduled individual and family members as insureds for UM/UIM coverage while occupying vehicles not owned or hired by the employer (named insured). The UM/UIM coverage endorsement covers the individual and family members as occupants of covered vehicles owned or hired by the...

  8. Master corporation sublicensee | Ask PIA

    I am thinking about creating a corporation to operate over and above my own LLC agency. Does the corporation have to be licensed in New York and, if so, can my LLC be a sublicensee?

    The answer to the first question would depend on whether the corporation would be transacting the business of insurance. According to Section 2102(a)(1) of the New York Insurance Law: “No person, firm, association or corporation shall act as an insurance producer, insurance adjuster or life settlement broker in this state...

  9. Cyber security regulation—encryption | Ask PIA

    Do the New York cyber security regulations require me to encrypt my email and policyholder data?

    If an agency or entity qualifies for the limited exemption (23 NYCRR 500.19), they will not be required to encrypt information under the New York cyber security regulation: Section 500.19 Exemptions. (a) Limited Exemption ... shall be exempt from the requirements of Sections 500.04, 500.05, 500.06, 500.08, 500.10, 500.12,...

  10. Cyber security regulation—limited exemption form required for employees? | Ask PIA

    Do my licensed employees, agents and representatives need to submit their own individual “Notice of Exemption” forms?

    PIANY submitted this exact question to the New York State Department of Financial Services multiple times since the effective date of the regulation. The DFS cyber security FAQs makes it clear that each employee, agent or representative of the agency that will be covered under the risk assessment of an agency would qualify for...

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