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Attorney2020, Attorney
Category: Business Law
Satisfied Customers: 2578
Experience:  I am a practicing attorney. I have experience in business law, bankruptcy, real estate law and estates.
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I am the owner of few bread delivery routes. My premium with

Customer Question

Good Morning,
My name is***** am the owner of few bread delivery routes. My premium with NYSIF was increased 5 times according to audit which contains many mistakes. I asked for re audit, however they never satisfy it. Now the policies are cancelled. And I own NYSIF big money.
Can you give me any advice how to deal with this situation?
Submitted: 1 year ago.
Category: Business Law
Expert:  Attorney2020 replied 1 year ago.

What was there reason for increasing the premium?

Customer: replied 1 year ago.
In simplified audit information form it is stated that Gross Sales during the audit period were $412.321. However, in 1099 form for 2014 Reportable amount is $289.761.98. From this amount according to our contract with Bimbo Bakery our profit is only 20%. I don't even know on what numbers the audited payroll is based.
It is also stated that we were charged $106,496 for uninsured subcontractors. Thus, if NYSIF believes that we have someone who works for us and not covered by workers compensation insurance, shouldn't we get the penalty for uninsured labor ? But we didn't get the penalty the just increased the premium
The stated payroll is $22,000 , the audited payroll is $111.696. Does it mean that NYSIF claims that we have 5 drivers for one route, which consists of ten stores and has just one truck?
The gross sales which was stated by NYSIF auditor $412,321 (we still need to pay the cost of the product from this amount). If we divide it by 52 weeks it is going to be $7930.00 per week. If we divide week gross by 5 week days it is $1587.00 gross sale per day. Arnold bread costs approximately $4.00 per piece. So every day one route should deliver around 400 pieces , it is about 50 trays. Is is absolutely possible for one driver.
I tried to call and email the underwriter and the audit supervisor. It is really hard to communicate with them. They are not interested in facts , all they want is to charge big money from small businessman like me. I bet they much more polite with big companies.
Anyway, I have no idea whom I should complaint now. But I just have no money to afford the premium they calculated .
Expert:  Attorney2020 replied 1 year ago.

It seems to b somewhat of unlawful business practices to place you in this position and perhaps a letter from an attorney could trigger some cooperation because it feels like you are being extorted where the auditor knows you cannot afford the premium forcing you out or pay substantial unreasonable sums. Chances are if they are unwilling or cannot explain the bull to you they are engaging in unlawful business practices. Perhaps an attorney would represent you on a contingency basis not requiring payments up front just a portion of the amount awarded.

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