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  1. Backing into a garage door | Ask PIA

    While backing up, I ran into the garage door we just installed. Do I submit the claim to our auto or homeowners insurance carrier?

    Since it appears that you own the garage, damage to the door will not be covered by your personal auto policy. The ISO form reads: EXCLUSIONS A. We do not provide Liability Coverage for any “insured”: 2. for “property damage” to property owned or being transported...

  2. Renting an ATV | Ask PIA

    My insured will be going on vacation to Virginia and renting an all-terrain vehicle. Is there coverage under the personal auto policy?

    No coverage would be afforded this vehicle under the insured’s personal auto policy. Part A—Liability Coverage in the ISO policy excludes a vehicle “designed mainly for use off public roads.” Also, no coverage would be afforded this vehicle under either Part D—Coverage for Damage To Your Auto or the...

  3. Total loss valuation | Ask PIA

    A client of mine recently had an accident and their vehicle was declared a total loss. How does the company arrive at their figure? Is there a specific way in which the total loss amount should be calculated?

    The manner that a carrier determines the value of the vehicle is not arbitrary at all. The regulations are very strict as to how the value is determined and later calculated. If the insurer elects to make a cash settlement, its minimum offer, subject to the applicable deductions, must...

  4. Mandatory defensive-driving course resulting from conviction | Ask PIA

    My client was mandated by the New York State Department of Motor Vehicles to take a defensive-driving course due to convictions for traffic violations. He took the class and the insurer is refusing to reduce his premium based on the fact that he was required to take the course. Is...

    The exemption found in Section 2336 (see below) of the Insurance Law applies only to an alcohol and drug rehabilitation program as outlined in Section 523-a (see below) of the Vehicle and Traffic Law. Consequently, I do not believe the insurer can deny the premium reduction for approved courses taken...

  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 information” or ”personal identifiable financial information.” The debt-collection company, assuming they are not...

  6. Electronic record retention | Ask PIA

    Can I just keep electronic records and dispose of the originals? How long do I have to maintain records?

    According to Regulation 99-01 INS 2000, records required to be preserved and retained may be maintained in paper, photograph, microprocess, magnetic, digital, mechanical or electronic media, or in or by any other information storage device or process which forms a durable medium providing reasonable assurances against tampering and degradation...

  7. Hired and nonowned vs. drive-other-car coverage | Ask PIA

    Does drive-other-car coverage typically cover “hired and nonowned”-type vehicles? If I am a company employee, with a corporate vehicle, but no personal auto insurance, and I rent a vehicle or the business rents a vehicle, am I covered in both scenarios?

    Hired auto coverage, as selected with Symbol 8 in the business auto policy, covers an employee for vehicles rented by the employer. Technically, it does not cover the employee renting a vehicle in his or her own name. DOC coverage is an optional endorsement available on the business auto policy...

  8. Workers’ compensation—LLC as named insured | Ask PIA

    Should the members of a limited liability company be listed as named insureds on a workers’ compensation policy?

    Only the employer needs to satisfy the statutory obligation to provide workers’ compensation insurance, so the employer should be listed as the named insured. The limited liability company is the legal entity that is the employer. There is no benefit to listing the members of an LLC as named insureds...

  9. Cyber security regulation—compliance with limited exemption | Ask PIA

    If I qualify for the limited exemption, what do I need to do?

    Even if you qualify for the limited exemption, you must still comply with the following sections of the regulation: 500.02—Cyber security program. You need to maintain a cyber security program designed to protect the confidentiality, integrity and availability of your information systems. 500.03—Cyber security policy. You need to implement...

  10. Workers’ compensation—requirements for hiring a loss-control service | Ask PIA

    We recently learned that New York has a provision that requires all insureds with workers’ compensation mods over 1.2 to hire a loss-control service. Is this true?

    This is partially true. First off, their payroll needs to exceed $800,000. Secondly, they do not need to hire a loss-control service; however, they do need to implement a loss-control program. According to New York Safety Code Rule 59 (per the New York Compensation Insurance Rating Board website), New York...

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