Skip to Content

Translate | Disclaimer

Department of Financial Services logo

Insurance

Selected Opinions of The Office of General Counsel For The Year of 2006

Return to Select Opinions By Year index

January | February | March | April | May | June | July | August | September | October | November | December

Opinion Number Subject Date Issued
06-01-01

Independent Adjuster Activities

01/03/2006
06-01-02

Applicability of New York State Insurance Law 9110 to Semitrailers.

01/03/2006
06-01-03

Broker Retention of Records

01/04/2006
06-01-04

Raffles

01/04/2006
06-01-05

Reinsurance - Percentage of Risks Retained by Ceding Insurer

01/04/2006
06-01-06

Sale of Insurance to Residents of New York

01/04/2006
06-01-07

Group Health Insurance: Coordination of Benefits

01/05/2006
06-01-08

Employee Retirement Income Security Act (ERISA), Multiple Employer Welfare Arrangement (MEWA)

01/06/2006
06-01-09

Use of Sweep Account for Premium Funds.

01/06/2006
06-01-10

Use of Social Security Number to Obtain Insurance Quote

01/09/2006
06-01-11

Broker of Record Letters.

01/09/2006
06-01-12

Validity of a Nonpayment Cancellation Notice.

01/09/2006
06-01-13

Sharing Commissions – Limited Liability Company

01/10/2006
06-01-14

Limits on Compensation for Referrals

01/10/2006
06-01-15

Broker Estate

01/11/2006
06-01-16

Insurance Broker Employees as Sub-licensees of a Limited Liability Company.

01/11/2006
06-01-17

Insurance covering fuel oil dealer agreements providing coverage for consequential clean-up cost

01/12/2006
06-01-18

Clarification of OGC Opinion 9/30/2005; service contracts and loss from external causes

01/12/2006
06-01-19

Placement of Business with an Unauthorized Alien Insurer through an Excess Line Broker.

0113/2006
06-01-20

Licensed Insurance Adjuster

01/17/2006
06-01-21

3425(j) and Agency Termination

01/19/2006
06-01-22

Independent Adjuster License

01/20/2006
06-01-23

MGA Licensing and Registration

01/23/2006
06-01-24

Insurance Agent's Proposed Contest -- N.Y. Ins. Law 4224(c) and 2324(a).

01/24/2006
06-01-25

Health Insurance, Broker’s Services

01/24/2006
06-01-26

Admission to New York as a Financial Guarantee Insurer

01/31/2006
06-01-27

Agency Advertisement

01/11/2006

 

06-02-01

Regulation 121 – Tail Coverage.

02/01/2006
06-02-02

Credit Card Transaction Fee

02/02/2006
06-02-03

Applicability of N.Y. Ins. Law 4232(b) to Traditional Participating Life Policies

02/03/2006
06-02-04

Applicability of Regulation 60 to Subsequent Transfers of Funds

02/07/2006
06-02-05

Anti-arson Application

02/07/2006
06-02-06

Insurance Agents Donating Profits to Charities.

02/07/2006
06-02-07

Termination of Producer-Insurer Contract Non-Renewal of Automobile Insurance

02/08/2006
06-02-08

No-Fault Explanation of Benefits

02/09/2006
06-02-09

Licensing as an Independent Adjuster in New York.

02/06/2006
06-02-10

Statutory Deposit Requirement

02/10/2006
06-02-11

ACORD Agreement.

02/15/2006
06-02-12

Take-out credit program—producer commissions

02/15/2006
06-02-13

Raffle in Context of Customer Referrals

02/16/2006
06-02-14

Rebates, Commission Sharing and Referrals

02/16/2006
06-02-15

Surcharge of an Insured's Premium for Non-commercial Motor Vehicle Liability Insurance

02/17/2006
06-02-16

Obligations of American Institutions, N.Y. Ins. Law 1404(a)(2)

02/17/2006
06-02-17

Electronic Verification of Insurance System

02/17/2006
06-02-18

Agency Appointment

02/21/2006
06-02-19

Definition of "Any One Risk"

02/21/2006
06-02-20

Charitable Gift Annuities

02/24/2006
06-02-21

Referrals

02/08/2006
 

 

06-03-01

Licensing Requirement for Foreign Call Centers Offering Insurance Quotes

03/02/2006
06-03-02

Employee Benefit Statements

03/02/2006
06-03-03

Non-public Construction Project Assessments

03/08/2006
06-03-04

Sale of tire and rim service plans

03/08/2006
06-03-05

Insurance Coverage for Criminal Acts

03/08/2006
06-03-06

Referrals for Trade Associations

03/09/2006
06-03-07

Refund of a Consulting Fee

03/13/2006
06-03-08

Excess Line Placement.

03/13/2006
06-03-09

Circular Letter No. 6 (2005) and Certificates of Insurance.

03/15/2006
06-03-11

Additional Service Fee Information

03/16/2006
06-03-12

Insurable Interest of an Indian Tribe in its Members

03/16/2006
06-03-13

Conditional Renewal Notice - Adding Coverage and Changing The Premium

03/17/2006
06-03-14

Agency Contracts

03/20/2006
06-03-15

Non-resident insurance agent reciprocity

03/22/2006
06-03-16

Insurance Broker Charging Separate Fees for Placing Insurance.

03/24/2006
06-03-17

Consumer Complaint Log Under Regulation 64

03/28/2006
06-03-18

Entities and Their Employees That Adjust Claims on Behalf of Self-Insurers and Self-Insurance Groups.

03/28/2006
06-03-19

Out of State Rim and Tire Programs

03/31/2006
 

 

 
06-04-01

Disabled Dependent’s Entitlement to Conversion Benefits after Exhaustion of Continuation Rights When Dependent is Covered by Medicare

04/03/2006
06-05-01

 

05/0/2006
06-04-02

Record Retention in a "Durable Medium" by Insurance Agents, Insurance Brokers and Excess Line Brokers.

04/03/2006
06-04-03

Motor vehicle enforcement fee and grounds for cancellation

04/04/2006
06-04-04

Use of Sweep Account for Premium Funds; Account Interest.

04/04/2006
06-04-05

Circular Letter No. 6 (2005) and Policy Issued to a Broker/Dealer and its Registered Representatives

04/04/2006
06-04-06

Attorney Exception to Independent Adjuster License

04/05/2006
06-04-07

Circular Letter No. 6 (2005) and Nonresidents

04/05/2006
06-04-08

Group Property Policy

04/04/2006
06-04-09

California Insurance Policy Covers NY Risk

04/05/2006
06-04-10

Adjusting Workers' Compensation Claims.

04/11/2006
06-04-11

Execution of 1035 Exchange by a Former Life Insurance Agent.

04/11/2006
06-04-12

Risk retention groups and motor vehicle financial responsibility insurance

04/17/2006
06-04-13

Cooperatives and Group Property/Casualty Insurance.

04/17/2006
06-04-14

License status of property/casualty agency employees

04/18/2006
06-04-15

Referrals and promotions

04/25/2006
06-04-16

Department Regulation 154 - Homeowners Policies

04/26/2006

 

 
06-05-01

Promotional Discounts N.Y. Ins. Law 2324 (McKinney Supp. 2006)

05/01/2006
06-05-02

Certificates of Insurance

05/09/2006
06-05-03

Furriers Block Insurance Referrals of Potential Insureds by Non-Licensees to an Insurance Agency

05/09/2006
06-05-04

Director’s and Officers Liability Insurance and Legal Services Insurance

05/09/2006
06-05-05

Mortgagee's Requirement That Buyers Obtain Homeowner's Insurance Covering The Amount Of The Mortgage

05/10/2006
06-05-06

Tire and Rim Elite – Extended Service Contract/Application

05/12/2006
06-05-07

No-Fault Assignment

05/12/2006
06-05-08

Title Insurance Agent Corporation; Licensing Inquiry

05/16/2006
06-05-09

Advertising/Quote Incentives

05/17/2006
06-05-10

Policy or contract and company comparisons in sale and replacement of life insurance and annuities

05/30/2006
06-05-11

Non-resident agent’s premium account in New York State

05/30/2006
06-05-12

Dishonored premium checks and sweep accounts

05/30/2006

 

 
06-06-01

Treatment of Government Plans Under N.Y. Ins. Law 4223.

06/05/2006
06-06-02

Payment for Emergency Ambulance Services.

06/07/2006
06-06-03

Interest payments on No-Fault claims: General Counsel Opinion 02-07-22

06/08/2006
06-06-04

Windstorm Insurance

06/08/2006
06-06-05

Non-payment cancellation based on dishonored premium checks in sweep accounts

06/15/2006
06-06-06

Modification of Commercial General Liability Insurance Policy

06/16/2006
06-06-07

Fraud Warning

06/20/2006
06-06-08

Adjuster Licensing

06/20/2006
06-06-09

Interpretation of Regulation 64

06/20/2006
06-06-10

Association Health Insurance

06/22/2006
06-06-11

Insurance Agent Donating Profits to Charities

06/28/2006
06-06-12

Insurers and Their Employees That Adjust Workers' Compensation Claims for Affiliated Insurers.

06/30/2006
06-06-13

Referral Fees

06/28/2006

 

 
06-07-01

Broker fees and insurance policy payments

07/05/2006
06-07-02

Return Premium to Premium Finance Company

07/05/2006
06-07-03

Circular Letter No. 6 (2005) and group aggregate limits

07/06/2006
06-07-04

Restoration company paying part of insured's deductible and an insurer forcing an insured to use specific contractors

07/10/2006
06-07-05

"Significant Other"

07/10/2006
06-07-06

Applicability of Regulation 64 to motor vehicle physical damage losses.

07/10/2006
06-07-07

Commingling of funds

07/12/2006
06-07-08

Premium payment following cancellation notice

07/12/2006
06-07-09

Issuance of a special risk insurance license to an authorized insurer to write Class 1 and Class 2 New York Free Trade Zone business

07/14/2006
06-07-10

Credit Card Surcharge

07/21/2006
06-07-11

General Construction Law 20 and time periods established by 3425 of the Insurance Law

07/24/2006
06-07-12

No-Fault Loss Transfer Claims

07/24/2006
06-07-13

Independent adjuster license for firm negotiating payment for health care services from out of network doctors

07/24/2006
06-07-14

Theft protection program

07/24/2006
06-07-15

Need for an Adjuster’s Bond

07/25/2006
06-07-16

Federal purchasing groups and compulsory insurance requirements

07/25/2006
06-07-17

Public Adjuster Compensation

07/26/2006
06-07-18

Suitability Standards for Annuity Contracts

07/31/2006

 

 
06-08-01

Premium Discount Risk Management Program – Regulation 124

08/01/2006
06-08-02

Cancellation of a Motor Vehicle Insurance Policy by a Premium Finance Agency

08/01/2006
06-08-03

Repair cost estimate of physical damage to heavy equipment on behalf of insurers and insureds

08/02/2006
06-08-04

Independent Adjuster Licensing

08/02/2006
06-08-05

Excess Line Insurance

08/02/2006
06-08-06

Insurance Referrals

08/03/2006
06-08-07

Non-Payment of Voluntary Market Commercial Automobile Premium

08/03/2006
06-08-08

Insurance Coverage for the Non-Surgical Treatment of Temporomandibular Joint Disorders.

08/03/2006
06-08-09

Guaranteeing a security deposit

08/15/2006
06-08-10

Medical Malpractice Insurance and Excess Line Brokers

08/17/2006
06-08-11

Act of violence insurance

08/17/2006
06-08-12

Applicability of N.Y. Ins. Law 1213(e) to Formerly Listed Excess Line Insurers

08/16/2006
06-08-13

Service contract road hazard coverage

08/17/2006
06-08-14

No-Fault Request For Additional Verification

08/22/2006
06-08-15

Raffles

08/22/2006
06-08-16

Employee Leasing Organization

08/22/2006
06-08-17

Conditional Renewal under Section 3425(d)(1)

08/24/2006
06-08-18

Motor Vehicle Physical Damage Claims – Agreed Price

08/25/2006
06-08-19

Premium accounts when the insured is a non-resident of New York

08/29/2006
06-08-20

Insurance Coverage for Disabled Adult Children

08/31/2006

 

 
06-09-01

Fire Insurance Fee

09/01/2006
06-09-02

N.Y. Ins. Law § 3214(c) - Crediting Interest on Death Benefit Payments

09/05/2006
06-09-03

No-Fault - Reimbursement For Services Rendered By Independent Contractor Health Service Providers

09/05/2006
06-09-04

Referrals

09/06/2006
06-09-05

Funding Agreement Backed Securitization Program

09/13/2006
06-09-06

Statement of guarantee/doing an insurance business

09/14/2006
06-09-07

Credit Card Service Company

09/15/2006
06-09-08

Referrals

09/15/2006
06-09-09

Inducement to Purchase Insurance under 4224

09/18/2006
06-09-10

Appropriate License to Sell Federal Immigration Bonds

09/19/2006
06-09-11

Rebates and Inducements

09/19/2006
06-09-12

Fiduciary Accounts

09/20/2006
06-09-13

Insurance Consultant Fees

09/21/2006
06-09-14

Insurance Broker Offering Free Services in Exchange for a Client’s Health Insurance Business

09/21/2006
06-09-15

Insurance Law Section 4228

09/22/2006
06-09-16

Applicability of Section 9101(b) of the Insurance Law with regard to calculating excess line premium taxes

09/25/2006
06-09-17

Ten year rule for charities

09/25/2006
06-09-18

Exemption from Excess Line Tax and ELANY Stamping Fees

09/26/2006
06-09-19

Reinsurance Intermediary & Insurance Adjuster Licensing

09/27/2006
06-09-20

Viatical Settlements

09/28/2006
06-09-21

Licensing as an Independent Adjuster

09/25/2006
06-09-22

Proof of Mailing

09/21/2006

 

 
06-10-01

Independent Adjusters

10/04/2006
06-10-02

Utilization review and the prudent lay person standard

10/05/2006
06-10-03

Professional Employer Organizations

10/23/2006
06-10-04

Deceased Insurance Broker

10/24/2006
06-10-05

Electronic Record Retention of No-Fault Insurance Claim Forms

10/25/2006
06-10-06

Health Maintenance Organizations, Electronic Retention of Records

10/25/2006
06-10-07

Amending homeowners’ policy to include a windstorm deductible.

10/25/2006

 

 
06-11-01

Third Party Administrators

11/02/2006
06-11-02

Surcharge on auto insurance premiums

11/02/2006
06-11-03

Alien insurers

11/02/2006
06-11-04

Payment by Credit Card

1102/2006
06-11-05

Viatical Settlement Advertising

11/06/2006
06-11-06

Discrimination Coverage

11/09/2006
06-11-07

Electronic Filing of Claims

1110/2006
06-11-08

N.Y. Tax Law 11(c)(1)(C) Investments in "Start-Up Businesses"

11/13/2006
06-11-09

Insurer’s Participation in the Medical Malpractice Insurance Pool ("Pool")

1114/2006
06-11-10

Fire Insurance Fee and Excess Line Insurance Companies

11/14/2006
06-11-11

Health Insurance Coverage for the Children of Employees

11/15/2006
06-11-12

Paying for leads and endorsements.

11/15/2006
06-11-13

Personal meeting between the insurance producer and the insured

11/15/2006
06-11-14

Sale of Medicare Supplement Insurance by Licensed Insurance Brokers

11/15/2006
06-11-15

Insurance Broker Licensing and Extended Reporting Period Coverage

11/17/2006
06-11-16

Certificates of Insurance

11/17/2006
06-11-17

Permissibility of Insurer Sending Claim Acknowledgment Notice Electronically

11/17/2006
06-11-18

Terrorism Risk Insurance Extension Act of 2005 and Agricultural Industry Exposure

11/20/2006
06-11-19

Disclosure of Insurance Broker's Commission Sharing Arrangement

11/20/2006
06-11-20

Broker Payments to Marketing Company for Referrals

11/21/2006
06-11-21

Communicating Directly with a Third Party Claimant Represented by Counsel

11/21/2006
06-11-22

Rental vehicle coverage for diminution of value and administrative fees

11/22/2006
06-11-23

Referral Fees to Unlicensed Entity

11/29/2006
06-11-24

Medical Examination for Life Insurance Application

11/29/2006
06-11-25

Ability of New York Cooperative Insurance Companies to Engage in Business in New York and Other States

11/30/2006

 

 
06-12-01

Unapproved mold exclusion in purchasing group policy

12/01/2006
06-12-02

Identity Theft Recovery Program

12/04/2006
06-12-03

No-Fault Payment for Prescription Drugs

12/05/2006
06-12-04

Rebates and Commission Sharing

12/06/2006
06-12-05

Raffles

12/13/2006
06-12-06

Fire Insurance Fee and the Meaning of the Word "Churches"

12/14/2006
06-12-07

Promotional Discounts N.Y. Ins. Law 2324 and 4224 (McKinney 2006)

12/14/2006
06-12-08

Nonpayment cancellation-installment billings N.Y. Ins. Law 3425 (McKinney Supp. 2006)

12/14/2006
06-12-09

Workers' Compensation v. Health Insurance

12/18/2006
06-12-10

Sale of Annuities in New York

12/18/2006
06-12-11

Material Misrepresentation: Voiding/Rescission of Motor Vehicle Policy

12/18/2006
06-12-12

3425(j)(1)(D) and a Private Right of Action

12/18/2006
06-12-13

Fraud Warning

12/18/2006
06-12-14

Insurance Agent Purchasing an Independent Adjuster

12/20/2006
06-12-15

Insurance Producer’s Requirement to Return Commission

12/20/2006
06-12-16

No-Fault: Examination under Oath

12/22/2006
06-12-17

Prohibited Referral Payments to Insurance Agents or Employees by Motor Vehicle Glass Repairer

12/22/2006
06-12-18

Group Disability Insurance, New York Resident

12/22/2006
06-12-19

Broker Termination of Relationship with Insured

12/27/2006
06-12-20

Notification of Renewal Through Different Agent

12/28/2006
06-12-21

Proposal to Give Financial Incentives to Customers Who Obtain Title Insurance from Title Agent or Homeowners Insurance from Affiliate

12/29/2006
06-12-22

ERISA and Licensing of Independent Adjusters

12/29/2006
06-12-23

Insurance as a Membership benefit

12/29/2006

About DFS

Contact DFS

Reports & Publications

Licensing

Connect With DFS

DFS Facebook page

Follow NYDFS on Twitter

AccessibilityContact UsDisclaimerPrivacy PolicySite MapPDF Reader Software