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The Office of General Counsel issued the following informal opinion on June 6, 2005, representing the position of the New York State Insurance Department.

Re: Digital Photography

Question Presented

May insurance company investigators who are conducting inspection of automobiles for physical damage coverage pursuant to N.Y. Comp. Codes R. & Regs. § 67 (2005), (hereinafter Regulation 79), use digital cameras to take photographs of the automobiles?

Conclusion

Yes. Nothing in Regulation 79 prohibits the use of digital cameras to take photographs used to comply with Regulation 79.

Facts

The inquirer is a licensed insurance agent who conducts automobile inspections for insurance companies. The inquirer wants to know if Regulation 79 prohibits using digital cameras during the inspection to take pictures of the automobiles.

Analysis

Nothing in Regulation 79 prohibits use of digital cameras to take photographs; therefore, insurance company investigators who are conducting inspection of automobiles for physical damage coverage pursuant to N.Y. Comp. Codes R. & Regs. § 67 (2005), may use digital cameras to take photographs of the automobiles.

The Department is considering amending Regulation 79 to explicitly allow the use of digital cameras.

For further information one may contact Senior Attorney Susan Dess at the New York City Office.

 

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