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  1. Tort options for commercial auto | Ask PIA

    I wrote a business auto policy for a corporation owning a private-passenger-type auto and requested the “no limit on lawsuit” no-fault option. The insurer responded, stating: “Only individuals can select the no limitation on lawsuit option. Since the insured is not an individual, the policy will be issued with the...

    The statute shown below implies that only a natural person (i.e., who could have family members) is subject to the election of a tort option. N.J.S.A. 39:6A-8.1. Election of tort optiona. Election of a tort option pursuant to Section 8 of P.L. 1972, c. 70 (C. 39:6A-8) shall...

  2. Recreational drone coverage | Ask PIA

    My client purchased a small drone for recreational use. Can you tell me what coverage can be expected from a homeowners policy?

    I can provide analysis based upon the Insurance Services Office Inc. policy form and newly introduced 2017 endorsements, but you will need to examine the forms used by the insurers you represent. Some insurers are beginning to react to the proliferation of drones in the market and revising their policy...

  3. Photo inspections—commercial vehicles | Ask PIA

    Some insurers are giving us notice that commercial vehicles less than 6,500 pounds are now subject to photo inspections as a result of recent amendments to Regulation 79. This will cause a good deal of stress with agency operations, especially for fleet operations. What feedback are you getting about this...

    “Private-passenger automobiles” less than 6,500 pounds insured on a commercial policy always were subject to the photo inspection requirements. The newly revised photo inspection regulation (5th amendment to Regulation 79) merely restructures the way a “private-passenger automobile” is defined in the regulation (Section 67.1). A private-passenger automobile or automobile...

  4. Damage when water backs up (or seeps) into a basement | Ask PIA

    Is there coverage under the homeowners policy when water backs up into an insured home, due to the overflow or the incapacity of the sewer system to handle the volume?

    In general, no. The Insurance Services Office Inc. Homeowners Policy excludes damage caused by water or water-borne material that backs up through sewers or drains or that overflows or is discharged from a sump, sump pump or related equipment. Also excluded is damage from water or water-borne material below the...

  5. Homeowner’s loss of use after windstorm power outage | Ask PIA

    If an insured homeowner loses power for a period of time, say two weeks, can they claim additional living expenses although no property on their premises was damaged by the windstorm?

    Unfortunately, there is no coverage under the ISO Homeowners Policy for additional living expenses unless damage has occurred on the property. In order to trigger coverage for loss of power, the damage to utilities or equipment delivering that power would need to occur on the “residence premises.”

  6. Spoilage after a power outage | Ask PIA

    If an insured homeowner loses power for a period of time, can they claim for spoiled refrigerated items although no property on their premises was damaged by the windstorm?

    Unfortunately, there is no coverage under the ISO Homeowners Policy for spoiled food unless damage has occurred on the property. In order to trigger coverage for food spoilage caused by loss of power, the damage to utilities or equipment delivering that power must occur on the “residence premises.” The damage...

  7. Damage to home from wind-driven rain | Ask PIA

    Where do I find coverage for rainwater that gets into a home due to wind damage to the structure?

    Rain or wind-driven rain coming from the atmosphere is included under the ISO HO-3 “special form” perils covering dwellings and other structures. The Section 1, A.3. Water exclusion does not preclude this type of water damage; only the “spray” from surface waters is excluded here. However, the “broad form” perils...

  8. New York’s Crime Victim Compensation Program | Ask PIA

    My elderly client had her car vandalized and she is having a tough time absorbing the $500 deductible. Is there any recourse under the New York Crime Victim Compensation Program?

    There might be compensation available according to the Office of Victim Services brochure at https://ovs.ny.gov/system/files/documents/2022/06/ovs-crime-victim-brochure.pdf. For victims who are under 18, 60 and over or disabled, who were not physically injured, the cost of repair or replacement of essential personal property lost, damaged or destroyed as the direct result...

  9. FEMA—additional living expenses | Ask PIA

    Q. One of our insureds has a homeowners policy and a flood policy and suffered a total loss. Since the loss is considered seepage, the carrier is not allowing use of additional living expenses, since it is not a hurricane and would not be covered. It’s a catch 22. How...

    You are correct; this is a sort of catch 22. Flood does not cover the extra expenses, and since it is a flood, the homeowners policy will not respond. I believe this is where the FEMA Disaster Recovery Program comes into play. The insured needs to submit their additional living...

  10. “Essential employee” registration | Ask PIA

    What do I need to do to be identified or considered as an “essential employee”  through New Jersey’s Private Sector Essential Employee Credentialing Program?

    The Private Sector Essential Employee Credentialing Program (PSEECP) leverages the capabilities of the New Jersey Resource Directory Database (RDDB) to create a web-based registration and identification system for private-sector employees who are considered essential and who by nature of their employment responsibilities require travel authorization during a declared governor’s state...

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