New York State Seal
STATE OF NEW YORK
INSURANCE DEPARTMENT
25 BEAVER STREET
NEW YORK, NEW YORK 10004

George E. Pataki
Governor

Gregory V. Serio
Superintendent

The Office of General Counsel issued the following informal opinion on December 12, 2002, representing the position of the New York State Insurance Department.

RE: ACORD-Form Type Certificates

This is in response to a recent request for an opinion.

Question Presented:

May an ACORD-form type certificate be modified to conform to the policy language?

Conclusion:

There is nothing in the New York Insurance Law or the Regulations that prohibits this.

Facts:

No facts were presented. The inquiry is general in nature.

Analysis:

As was stated in a December 4, 2002 letter, ACORD-form type certificates of insurance can be used to provide evidence of insurance, in lieu of an actual copy of the applicable insurance policy. However, it is merely a document used in business to summarize information about insurance coverage. It is not a contract and is not required by statute or regulation, nor is it required to be filed with the Department. Accordingly, there is nothing in the statute or regulations that addresses what is to be included in the form. The information included in the form would be determined by the insurer or, if so authorized, by the producer providing the form.

For further information you may contact Supervising Attorney Joan Siegel at the New York City Office.