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NEW YORK UNDERWRITERS GUIDE
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The Underwriters Guide & Policy Wording shown below are for policies effective 3/23/2020 and later.



Policy Wording
Click here for New York Sample Policy Wording - NY Sample Policy (Abobe Acrobat PDF)



Primary Insurer
  • We accept only Admitted Insurers with A. M. Best Rating of B+ (VII) or higher.


Coverage
  • Markel Insurance Company - A.M. Best rating is A (Excellent) and a financial size category of XV ($2 Billion or greater).
  • We provide an Umbrella policy form with a $0 S.I.R. and freely offer limits to $5,000,000.


New Business
  • You may choose either direct or agency. Commission is 15% on premium excluding Policy Expense Fee.
  • Direct: We will issue policy direct to insured with invoice. You will be notified when policy is mailed. Policy will be available for viewing online.
    You will be paid commission after payment receipt in form of commission statement.
  • Agency: We will issue both insured and agency copy to you with net invoice.
    Payment for policy mailed Direct or to Agency will be due within 20 days.


Renewals
  • We will directly issue the insured a renewal offer 30+ days in advance. Commission is 10% on premium excluding Policy Expense Fee.
  • The offer will include options to increase limit up to $5,000,000.
  • You will be notified when offer is sent. Offer will be available for viewing online.
  • You will be notified if offer is not received.
  • You will be able to view/print renewal policy online once offer/payment received by us.
  • You will be paid commission after payment receipt in form of commission statement.


Applications
  • We rely on you to keep supplemental questionnaire, signatures and documentation in your files.
  • It is our goal to issue/mail policies within two days of your order.
  • Complete applications will improve your customers' satisfaction.


Brokerage Agreement
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PERSONAL UMBRELLA UNDERWRITING

Occupation
We do not contemplate writing target risk individuals, including:
  • Professional Entertainers: actors, actresses, directors, producers, writers, tv/radio personalities
  • Athletics: all professional athletes, coaches, managers and owners, NCAA Division I athletes or coaches that regularly appear on television
  • Public Officials: Elected/appointed officials to any state or federal office, elected officials to cities, counties, courts with populations over 50,000
  • Famous people: top executives of Fortune 500 companies, persons appearing regularly in the media due to their wealth or profession

For questions or to determine acceptability, please call 800.564.1799 or 510.420.2820.

Losses
If any of the applicants have had four (4) or more losses or total losses over $25,000 within the past three years, or currently has an open claim, you must submit for special authorization.

For questions or to determine acceptability, please call 800.564.1799 or 510.420.2820.

Residences - Owner Occupied Only
Owner-occupied residences can be insured if a primary insurer provides a minimum liability limit of $300,000. Primary insurer must be an admitted insurer with A. M. Best Rating of B+ (VII) or higher.

The following risks must be submitted for special acceptance:

1. If primary insurer is Surplus Lines or A.M. Best rating of lower than B+ (VII)
We will not write over a course of construction primary policy.

Farms
We will not accept farms. We will not accept a location whose primary insurance is an FCPL or farm liability policy.

Vacant Land
Vacant land can be insured if a primary insurer provides a minimum liability limit of $300,000. Primary insurer must be an admitted insurer with A.M. Best Rating of B+ (VII) or higher.

Personal Automobile Liability
Autos are defined as a motorized land vehicle, which requires motor vehicle registration and/or operator licensing, including attached trailers, travel trailers, motor homes and motorcycles.

Autos can be insured if a primary insurer provides a personal automobile policy with a minimum liability limit of $300,000 CSL ($325,000 in Texas) or $250,000/$500,000/$100,000 split limits. Primary insurer must be an admitted insurer with A. M. Best Rating of B+ (VII) or higher.

We rate and charge for each vehicle.

Motorcycles are separately rated as they have a different rate for excess UM/UIM.

Operators' Motor Vehicle Record(s)
We do not require motor vehicle records unless the driver has had a major violation in the last five years, or has had liability loss(es) in excess of $25,000 in the last three years, or currently has an open claim in which the loss may exceed $25,000.

For questions or to determine acceptability, please call 800.564.1799 or 510.420.2820.

Driver Surcharge
We surcharge for drivers:
  • For each driver under 21 years of age
  • For each driver between 70 and 79 years of age
  • For each driver age 80 years and older
  • For each driver with a major violation

We can provide limits of $1,000,000.00 for drivers over the age of 89

Major Violation
Major violations are:
Alcohol/Drug related violations DUI/dangerous drugs not narcotics Minor driving with BAC of 0.05% or more
Driving while suspended or revoked DUI/narcotics Reckless driving
Driving wrong side/divided highway Evading peace officer/reckless driving Reckless driving/causing bodily injury
Drunk driving Explosives transportation Speed contest /exhibition of speed
Drunk driving/injury Hit and run Speed contest/aiding or abetting
DUI/alcoholic beverage or drugs Hit and run/injury/property damage Speed over 100 MPH
DUI/BAC 0.04% or more/commercial vehicle Manslaughter with gross negligence  
DUI/causing bodily injury or death Manslaughter without gross negligence  

We may include drivers with one (not more) major violation within the past five years. We will not write youthful drivers with a major violation.

  • If a major violation has occurred, we will need a current copy of the MVR sent to us.
  • Drivers with a major violation within last five years must have minimum $500,000/500,000/100,000 or $500,000 CSL primary limits.

New York Major Violation Rules
Eligible
For an Alcohol/Drug violation within the last three years ending on the last day of the fourth month preceding the month in which the policy is effective:
  • Operating a motor vehicle while intoxicated or impaired by the consumption of alcohol;
  • Operating a motor vehicle while impaired by the use of a drug, within the meaning of section one thousand one hundred ninety-two of the vehicle and traffic law;
Ineligible
Ineligible Driver Risks Violations within the last three years ending on the last day of the fourth month preceding the month in which the policy is effective:
  • Operating a motor vehicle at a speed of more than fifteen miles per hour in excess of the legal limit;
  • Operating a motor vehicle in excess of the speed limit, or in a reckless manner, where injury or death result therefrom;
  • Operating a motor vehicle in excess of the speed limit, or reckless driving, or any combination thereof, on three or more occasions;
  • Homicide or assault arising out of the use or operation of a motor vehicle, or criminal negligence in the use or operation of a motor vehicle resulting in the injury or death of another person, or use or operation of a motor vehicle directly or indirectly in the commission of a felony;
  • Operating a motor vehicle while seeking to avoid apprehension or arrest by a law enforcement officer;
  • Filing or attempting to file a false or fraudulent automobile insurance claim, or knowingly aiding or abetting in the filing or attempted filing of any such claim;
  • Leaving the scene of an incident without reporting;
  • Filing a false document with the department of motor vehicles, or using a license or registration obtained by filing a false document with the department of motor vehicles;
  • Operating a motor vehicle in a race or speed test;
  • Knowingly permitting or authorizing an unlicensed driver to operate a motor vehicle insured under the policy;
  • Operating a motor vehicle insured under the policy without a valid license or registration in effect, except when the person convicted had possessed a valid license or registration which had expired and was subsequently renewed, or during a period of revocation or suspension thereof, or in violation of the limitations applicable to a license issued pursuant to article twenty-one-a of the vehicle and traffic law; or
  • Two or more moving violations of any other provision of the vehicle traffic law

Watercraft
Watercraft can be insured if a primary insurer provides a personal watercraft policy with a minimum liability limit of $300,000 CSL or $250,000/$500,000/$100,000 split limits. Primary insurer must be an admitted insurer with A.M. Best Rating of B+ (VII) or higher.

Watercraft are individually rated and classified as follows:
No Charge
We will include without charge if under 27 feet in overall length and either one of the following:
  • without motor
  • rented inboard or inboard/outdrive of 50 horsepower or less
  • owned of 25 horsepower or less
  • owned or rented sailboats

Class A - Utility Boat
Maximum speed 45 MPH: Under 27 Feet. Full range of outboard, inboard/outboard or inboard.

Class B - Standard
Maximum speed 60 MPH: Under 42 feet. A more specialized class of boat with better than average performance.

Class D - Yacht/Cruiser, Sailboat, Houseboat
Maximum speed 45 MPH: 27 feet and over, but under 42 feet. The conventional higher valued segment of the non-trailerable boat/yacht market.

The following are not eligible:
Watercraft carrying passengers or cargo for a fee.

Recreational Vehicle & Jet-Ski
Recreation vehicles, jet skis and golf carts can be insured if a primary insurer provides a personal liability policy with a minimum liability limit of $300,000 CSL or $250,000/$500,000/$100,000 split limits. Primary insurer must be an admitted insurer with A.M. Best Rating of B+ (VII) or higher.

Recreational vehicles are those not licensed for road use and typically include dune buggies, all terrain vehicles (ATVs), minibikes, trail bikes and snowmobiles.

We rate separately for each recreational vehicle, jet ski or golf cart.

The following are not eligible:
Unlicensed recreational vehicles or jet skis with a speed greater than 60 MPH, or any three-wheeled ATV.

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