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Personal auto
Rental car coverage limits
Is the coverage provided by New York’s Rental Vehicle Coverage Endorsement of the personal auto policy subject to any maximum limits or deductibles?
NYAIP—surcharge
I have a couple insured in the New York Automobile Insurance Plan. The wife’s driving record is clean, but the husband’s record is not. However, he currently is in the Army, stationed in Korea. Why should the policy be surcharged because of his record when he is not technically residing in the household?
NYAIP: Inexperienced operator surcharge
My insured is an 18-year-old inexperienced operator in the New York Automobile Insurance Plan. He owns two cars. Should his rates for both cars be surcharged as an inexperienced operator, or only the vehicle he usually drives?
NYAIP: Assigned carrier lasts three years
My insured does not like the company he was assigned to in the New York Automobile Insurance Plan. He wants me to cancel and re-write the policy to get another company. I told him he will probably end up with the same company. Is this correct?
NYAIP: Physical damage inspections
Are vehicles seven-years-old or older exempt from the physical damage inspection in the New York Automobile Insurance Plan?
NYAIP: Classic cars
I am trying to get comprehensive coverage for several “classic” vehicles, specifically a ’48 Packard, ’64 Corvette, ’72 Cadillac, and ’82 Oldsmobile. The usual antique car markets have turned down this risk due to the client’s driving record. This leaves the New York Automobile Insurance Plan. Does the NYAIP afford actual cash value coverage for classic cars (as opposed to book value)?
Surcharges for accidents in company cars
I thought that if a person is involved in an accident while driving a business-owned vehicle, his/her personal auto policy cannot be surcharged for the accident. I have a company that is trying to tell me I am wrong. What is the rule?
Splitting policies upon divorce
My clients are getting a divorce, and they want to get separate policies on their two vehicles (each spouse owns one car). The company won’t go along with this, because the husband had a total theft claim. How should we handle this?
Covering employer who furnishes auto
My client is furnished with an auto leased by his employer. The employer told my client to register and insure the auto, naming the employer as an additional insured, as required by the lessor. However, the insurer will not add the employer as an additional insured. What can I do?
Livery use exclusion
Our insured, a corrections officer, uses his own car to transport prisoners to the doctor, etc. He is reimbursed by his employer. Is coverage for liability excluded by the personal auto policy’s public or livery conveyance exclusion?
Named non-owner policy—rental car coverage
I have been asked to write a named non-owner auto policy for a client who does not own a vehicle of his own. Will this policy give him coverage for rental cars?
Rates applicable to replacement autos
How do we rate a change of vehicle midterm when the company has taken a rate increase since the inception of the policy? In our case, our client’s policy runs from June to June. In September, the company took a rate increase, and in October our client replaced his vehicle. Should the new vehicle be rated according to the old rates or the new ones?
Personal auto policy coverage for hauling boats in connection with business
My client has a personal automobile policy. He also owns a business. About two or three times a year, he hauls boats that are connected with this business. Would his personal automobile policy exclude liability coverage if a claim occurs?
N.Y. vehicle located outside the U.S.
A client had her car shipped to Italy still bearing her New York license plates. The vehicle is insured through us and also in Italy. Due to certain Italian rules, the vehicle cannot be registered in Italy. Therefore, if we can’t return the New York plates, how can I cancel the New York insurance policy without my client’s registration being suspended.
Vehicle owner’s vicarious liability
My client is being surcharged for an accident under circumstances where his vehicle was stolen by an individual who was negligent in causing property damage with the vehicle. My client had left the vehicle unlocked with the motor running while temporarily parked on the street in front of his home. The insurer claimed that it had to pay for the damages because it could not defend the claim against the owner. Is this right?
Physician’s statement required for driver
One of our insureds has had their personal auto coverage with a carrier for many years and recently turned 70 years old. The carrier is requesting the insured provide them with a physician’s statement. Are carriers allowed to ask the insured for a physician’s statement when they turn 70 years old?
Renting an ATV
My insured will be going on vacation to Virginia and renting an all-terrain vehicle. Is there coverage under the personal auto policy?
Out-of-state coverage under Added PIP
I know there are options to increase benefits under Added PIP in New York state, but I think it also expands coverage beyond Basic PIP for injured persons outside of New York state. How does this work?
MV-104 accident report notification
Does the law, which increased the property damage threshold for which carriers may assess a surcharge from $1,000 to $2,000, change the requirement to notify the New York State Department of Motor Vehicles if there is an accident with at least $1,000 in physical damage?
Exiting a vehicle
My insured, as he was about to open the door to his auto, tripped and fell. In the process of falling, he fell into his auto suffering severe injuries to his shoulder. Can my insured claim Personal Injury Protection for his accident?
Camper trailers
My client has an auto camper-trailer on blocks at a campsite with an attached, screened-in porch. Is the porch covered against damage or loss on his auto policy? What about liability for accidents occurring in the camper or on the porch?
Volunteer drivers
One of my insureds drives her own personal vehicle in volunteer work for the Red Cross. She transports people to doctors and hospitals for appointments. Is there an endorsement to cover this situation?
Named non-owned coverage
How does our agency provide coverage for people who do not insure owned autos on a personal automobile policy to protect them when they borrow a car for personal use? They are furnished a corporate car, but the insurer will not add drive-other-car coverage on the business automobile policy.
Federal employee exclusion
My insured took a job with the U.S. Post Office. She became alarmed when she was told by her employer that her personal auto policy would not cover her while on the job. Can this be true?
Physical damage
We have a client who is the named insured on a personal auto policy covering his owned vehicle. His wife and son have leased another vehicle. Is the leased automobile covered on the father’s policy for physical damage coverage?
Horse trailers covered
We insure a husband and wife who own eight automobiles and three trailers. They use the trailers to haul horses. Are the trailers covered under their personal auto policy?
Damage by rodent
The lights went out on my client’s Thunderbird. The mechanic found a mouse that had been chewing on the wires. Can a claim be made under the comprehensive coverage?
Comprehensive coverage applies to contact with deer
Would a collision with a deer be considered a “collision” under the personal auto policy and, therefore, covered under the collision coverage portion of the policy?
Non-owned motorcycle dilemma
We have been asked the following question but need to confirm the answer. Alexander, 21, took a short ride (about a half mile) on his friend’s new motorcycle. He skidded out, fell off the bike (with only minor injuries), and the bike was damaged. The friend with the new bike did not have collision insurance, and the estimate is $8,000 for repairs. Of course, Alexander is responsible to return the motorcycle to its new condition. Is there any coverage for this cost in an auto or homeowners policy?
Third-party uninsured vehicle
Can an insurer deny payment for damages to a claimant’s vehicle if the claimant’s vehicle was uninsured at the time? The claimant’s vehicle was parked and the neighbor backed into it and the neighbor’s insurance carrier is denying payment.
Lending a vehicle to a friend
Our daughter has a vehicle, with her own insurance policy, away at school with her. She called me the other day to tell me the car was in an accident. She had let her friend drive it and her friend caused an accident. The accident will be reported on her friend’s insurance, right?
Deceased auto policyholder
We have an auto policyholder who recently died and her children are wondering if they can drive the car. If they are insured while driving the car, is coverage under the policy the same as it was for the deceased named insured?
Personal auto owned by trust
When a trust owns a vehicle insured on a personal automobile policy written in the name of the grantor, how do you reconcile coverage as primary if the Other Insurance provision states coverage is excess for a vehicle not owned by the named insured?
Automobile recall
Recently, an auto manufacturer had a recall on the air bags in some of their vehicles and they are advising consumers not to drive their vehicles until repaired. The manufacturer is offering loaner vehicles, available from the dealership, since they are expecting it will take several months until the vehicles will be properly repaired. Will our insureds have proper coverage from their auto policy for the entire duration they have access to the loaner vehicle?
Thinking of pizza delivery while laid off from work
Our insured’s son just started working for a pizza shop because he has been temporarily laid off from work. They are having him use his own car for the deliveries. I am worried there would be no coverage in the event of an accident. Does he have coverage, while using his car to deliver pizza, in the event of an accident?