Privacy Law protects both ways?

[darnovak]

I wrote a New York PAP for an individual named Sam. His brother and sister live at the same address in his parent's household. Sam maintains separate living quarters and household (with his young son). Sam's PAP carrier has demanded the dates of birth and driver license numbers for his brother and sister (but not his parents). The parents, brother, and sister have their own vehicles and insurance. A reply was sent to Sam's carrier stating the brother and sister have refused permission for Sam to provide any of their personal information to any third parties. As Sam's carrier is a staunch supporter of the privacy laws I expect them to withdraw their request. Their response ought to be interesting. Think the carrier will issue a notice of cancellation for failure to provide "underwriting" information? Wouldn't that be coercing Sam to violate the privacy laws? I can't wait for the carrier response.

[cgb]

Is Sam's brother and sister in the same household or not? Even if Sam has a separate corner of the house, if they're all under one roof, they all have access to the vehicle. I don't know why the carrier didn't ask for the folks too, I'm not sure I quite understand the living arrangements. In personal auto anyone in the same household is an exposure, period. Underwriting wants to know about them. They may not rate them, it depends on the company guidelines, but they want to know what the exposure is, and therefore want all the info on everyone with possible access to the vehicle, even though they may have their own vehicles, own coverage, and a standing agreement with Sam to never ever drive his car.

[mhutch69]

The carrier will most likely issue an excluded driver endorsement to be signed by Sam. That is assuming NY allows driver exclusions. If I was the carrier, the application would have mandated all household members be rated or excluded at inception date. As well, any "misrepresentations" by the applicant regarding household members is agreed such members are automatically excluded or the policy is rescinded for misrep.

Sam needs to clarify his living quarters. He has a kid living at home with his parents? Sam, GET a JOB!

[darnovak]

Thanks for the comments but HELLO - the SUBJECT was/is PRIVACY LAW.
Any thoughtful comments on how the privacy law applies in Sam's situation?