Ask PIA

Net quote

May an insurance producer provide a ‘net quote’ and forgo commission?

Requesting New York rate filings

What is the process a New York producer has to follow to obtain a carrier’s rate filing?

Advertisements—location of insurer

Does the requirement that insurance agency advertisements that use insurer’s names include the location of the insurer’s principal office apply to lists of companies represented, such as Yellow Pages and agency website listings?

Rebating—charitable contributions

We are considering offering a small donation in the amount of $20 to a children’s charity for every policy written or renewed through our agency. Can we legally do this without it being considered rebating?

Rebates—gas cards

Would it be permissible for our agency to offer a free $15 gas card with our agency name and phone number on it for any new client who brings in their auto or homeowners insurance policies for a free quote?

 

Gift to producers for job referrals

In New York, a restoration company wishes to offer an insurance producer a $20 gift card for every restoration job he or she directs to the restoration firm. Is this permissible for the producer to accept?

Trailers subject to registration

Are wood-chipper trailers subject to registration and financial responsibility requirements in New York?

Anti-arson application upon policy renewal

Are anti-arson applications still required in New York state?

Telemarketing restrictions during state of emergency

Are there any restrictions on telemarketing calls during a state of emergency in New York state? Am I prohibited from making any such calls during a state of emergency?

Regulation 64—excess line policies

Do excess line insurers in New York state have to follow Regulation 64 and Insurance Law Section 2601 related to unfair claims practices?

Regulation 64—claims

What rules are there for carriers when handling claims? What are the penalties for violating the rules?

Regulation 64—unfair claims practices

What is the applicability of Regulation 64 related to unfair claims practices?

Broker of record letters

Can I include a hold harmless clause in my broker of record letter? I don’t want a client to come after me because their previous broker didn’t get them the correct coverage. Are these letters governed by insurance law in any way?

 

Family Leave Act—who pays?

I would like clarification on the Family and Medical Leave Act of 1993. Who pays for the employee’s medical coverage if the employee takes a leave under this federal act?

C.L.U.E. reports

Does a company using Comprehensive Loss Underwriting Exchange, a data bank maintained by LexisNexis, have to release a copy of the C.L.U.E. report to the agent of the client?

The mailbox rule

My client received a notice of cancellation for nonpayment and mailed the premium before the date of cancellation. If the payment isn’t received until after the date of cancellation, can the carrier cancel the policy?

Recreational drone registration

My client just bought a drone for each of her sons and herself. Does she have to register them and how does she go about doing so?

Subpoenas

I just received a subpoena in connection with policies placed on behalf of my client. What is it and how should I respond?

DOL overtime—biweekly pay

Employees in my agency are on a biweekly pay schedule. If one of my employees who is eligible for overtime works over 40 hours in the first week of a pay period, can I have them work less in the second week in order to avoid paying overtime?