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Insurance

Selected Opinions of The Office of General Counsel For The Year of 2007

Return to Select Opinions By Year index

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

Opinion Number Subject Date Issued
07-01-01

Sharing Commissions for NYS Partnership Long-term Care Policies

01/02/2007
07-01-02

Record Retention Requirements.

01/03/2007
07-01-03

Viatical Settlement Proposal

01/04/2007
07-01-04

Applicability of Regulation 60 to Movement of Employee Investments in a 403(b) Program

01/05/2007
07-01-05

N.Y. Ins. Law 3425(d)

01/12/2007
07-01-06

Fee Dispute with an Insurance Adjuster with a felonious background

01/18/2007
07-01-07

Short-Rate Cancellation Penalty & No-Fault Subrogation/Surcharge

01/26/2007
07-01-08

Discount Coupon for an Accident Prevention Course as a Rebate

01/26/2007
07-01-09

Premium financing - Return of Premium pursuant to Section 3428

01/29/2007
07-01-10

Towing and Emergency Road Services

01/29/2007
           

 

     
07-02-01

Workers Compensation Audit

02/01/2007
07-02-02

Debt Incurred by an HMO or an Article 43 Corporation.

02/01/2007
07-02-03

Use of Commissions as Security for a Promissory Note

02/01/2007
07-02-04

2007 Illinois Division of Insurance Reciprocal State Survey

02/01/2007
07-02-05

Long Term Care Third-Party designation and Biennial Notice Requirement

02/05/2007
07-02-06

Public Adjusters and Compensation for Work Referrals

02/05/2007
07-02-07

Regulation 60 requirements applicable to replacement of a life insurance policy or annuity contract

02/06/2007
07-02-08

Insurance Consultants

02/08/2007
07-02-09

Policy Fees and Surcharges

02/08/2007
07-02-10

Renewal Commissions – Deceased Agent

02/09/2007
07-02-11

Stamped Versus Hand-Written Signature on Application Forms

02/13/2007
07-02-12

Premium Accounts and FDIC

02/13/2007
07-02-13

Payment for Emergency Ambulance Services

02/13/2007
07-02-14

Private Opinion Letters

02/13/2007
07-02-15

Opinion Requests

02/14/2007
07-02-16

Health Maintenance Organization Options

02/16/2007
07-02-17

Service of Process on Insurers

02/20/2007
07-02-18

Insurance Broker’s Employees/Related Entity Offering COBRA and Flexible Spending Administration Services to its Insureds/Prospective Insureds for a Fee

02/20/2007
07-02-19

Licensed Clinical Social Worker

02/21/2007
07-02-20

Electronic Signatures on insurance applications and electronic recordkeeping

02/22/2007
07-02-21

Medical Records

02/22/2007
           

 

     
07-03-01

Independent Adjuster's Duty to Protect Policyholders

03/05/2007
07-03-02

Warranty of Automobile Windshield Chemical Bond

03/06/2007
07-03-03

Proposed contract to replace or repair cell phones

03/06/2007
07-03-04

Acting as insurance consultant without a license

03/08/2007
07-03-05

Release of Loss Reserves on Open Claims

03/09/2007
07-03-06

Use of Checking and Sweep Accounts for the Premium Account of a Licensed Insurance Agent or Broker

03/09/2007
07-03-07

Charitable Contribution Advertisement

03/12/2007
07-03-08

Clarification Concerning Inspection Fees Charged by Excess Line Insurers

03/12/2007
07-03-09

Malpractice Insurance

03/13/2007
07-03-10

Offering Free Administrative Services

03/15/2007
07-03-11

Dental Services to a Municipality

03/15/2007
07-03-12

Applicability of notice requirement under Regulation 64 to Fidelity and Surety Insurance

03/16/2007
07-03-13

Licensing of a County as an Insurance Agent or Broker

03/23/2007
07-03-14

External appeal from nonrenewal of medical malpractice insurance

03/23/2007
07-03-15

Insurer’s Rejection of an Applicant’s Request for Appointment as Producer

03/26/2007
07-03-16

Lien on Broker’s Premium Account

03/27/2007
07-03-17

Reimbursement for Nursing Services

03/28/2007
07-03-18

Reinsurance Intermediaries

03/28/2007
           

 

     
07-04-01

Dealer Vehicle Repair Guaranty

04/02/2007
07-04-02

Federal Employer Identification Number as Electronic Signature

04/02/2007
07-04-03

Article 79 Service Contracts – Amount of the Funded Reserve Account

04/03/2007
07-04-04

Reciprocal Insurer and Enforcement of Sixty Days’ Notice Before Withdrawing From Membership

04/04/2007
07-04-05

Reinsurance Intermediary Fiduciary Account in Foreign Currency

04/04/2007
07-04-06

Adjusting Claims on Behalf of Affiliated Insurers

04/09/2007
07-04-07

Commission and Expenses

04/10/2007
07-04-08

Paintless Dent Removal Service – 2006-00481

04/10/2007
07-04-09

Licensing and Education Requirements for Title Insurance Agents

04/11/2007
07-04-10

Allowable Groups Under New York Insurance Law § 4235

04/12/2007
07-04-11

Insurance Fraud Litigation in the New York Court of Claims

04/13/2007
07-04-13

Managed Long Term Care Plans (MLTCP) Appointing Insurance Agents for Medicare Advantage Program

04/20/2007
07-04-14

Payment of Referral Fees to Non-Licensees; Transfer of Self-Insured Workers’ Compensation Program to Insurer; Retroactive Liability Insurance

04/27/2007
07-04-15

Licensing and Continuing Education Requirements for Resident/Non-Resident Workers’ Compensation Independent Adjusters

04/25/2007
07-04-16

Reimbursement for Chemotherapy Drugs at Average Wholesale Price

04/25/2007
07-04-17

Motor Vehicle Law Enforcement Fee

04/26/2007
           

 

     
07-05-01

Watch Replacement Program

05/01/2007
07-05-02

Displaying an Insurance License

05/03/2007
07-05-03

Applicability of N.Y. Ins. Law § 1411(e) to Officer Investments in Affiliate-Managed Funds

05/03/2007
07-05-04

Definition of Initial Pretrial Hearing in Insurance Law § 2110(j)

05/08/2007
07-05-05

Article 49 External Review Standards

05/09/2007
07-05-06

Boat Inspection Fees

05/10/2007
07-05-07

Gift Cards to Customer Service Representatives

05/14/2007
07-05-08

New York Zero Tolerance Law

05/14/2007
07-05-09

Certificate of Insurance

05/17/2007
07-05-10

Use of a Mobile Office by Licensed Broker

05/18/2007
07-05-11

Communicating Directly with a Third Party Claimant Represented by Counsel

05/22/2007
07-05-12

Licensed insurance brokers compensating non-licensees for insurance referrals

05/23/2007
07-05-13

Record Retention by insurance agent

05/23/2007
07-05-14

Administration of New York Life Insurance Policies within New York

05/24/2007
07-05-15

Referrals and Rebates

05/29/2007
07-05-16

Specific Reasons for Cancellation Under Insurance Law Section 3426(c)(1)(d)

05/29/2007
07-05-17

Doing an Insurance Business/Franchise Taxes

05/29/2007
07-05-18

Termination of Health Insurance Plan

05/29/2007
07-05-19

Group Health Insurance, Eligible Group

05/30/2007
07-05-20

Limited Liability Companies, Small Group Health Insurance

05/30/2007
07-05-21

Public Adjusters Compensating Independent Agents

05/31/2007
07-05-22

Foreign Fire Tax Distribution

05/31/2007
07-05-23

Co-Production of a Life Insurance Policy

05/31/2007
07-05-23

Co-Production of a Life Insurance Policy

05/31/2007
 

 

07-06-01

OGC Opinion No. 06-06-05; Non-payment cancellation based on dishonored premium checks in sweep accounts

06/01/2007
07-06-02

Verbal Communication About Non-renewal of Homeowner’s Policy

06/04/2007
07-06-03

Promotional Discounts and Gifts N.Y. Ins. Law § 4224 (McKinney Supp. 2007)

06/04//2007
07-06-04

Proper Allocation of Premium for Purposes of Compliance with Regulation

06/07/2007
07-06-05

Fees charged by a chiropractor; insurance fraud?

06/07/2007
07-06-06

Permissibility of Excess Line Association of New York (ELANY) Making De Minimis Charitable Contributions

06/07/2007
07-06-07

Section 3426 Non-Renewals and Cancellations

06/07/2007
07-06-08

Reconsideration of Insurance Department Opinion Letters and Judicial Review of Department Determinations

06/13/2007
07-06-09

Reconsideration of Office of General Counsel Informal Opinion #02-11-19 Concerning Recovery of Workers’ Compensation Loss Awards under No-Fault Inter-company Loss Transfer

06/13/2007
07-06-10

Interest free premium financing

06/14/2007
07-06-11

Loans or Extensions of Credit Among Affiliates

06/14/2007
07-06-12

Service contracts for repair or replacement of tires or wheels due to road hazard damage

06/15/2007
07-06-13

Regulation 60

06/15/2007
07-06-14

Auto Club Offering Residual Value Insurance in New York

06/15/2007
07-06-15

Hospital Subsidiary Seeking to Act as Insurance Broker

06/18/2007
07-06-16

Payment by insurance producer of referral fees to non-licensees.

06/18/2007
07-06-17

Imposition of Convenience Fee by a Third Party Facilitator of Credit Card Premium Payments

06/19/2007
07-06-18

Maternity & Newborn Coverage

06/19/2007
07-06-19

Healthcare Access Plan

06/19/2007
07-06-20

HMO Requirement That Members Over 65 Enroll in Medicare Parts A & B

06/25/2007
07-06-21

Maintaining Premium Accounts in Credit Unions

06/26/2007
07-06-22

Giveaways and Raffles

06/26/2007
07-06-23

Wedding Insurance

06/26/2007
07-06-24

Service of process on an insurer through personal or mail delivery to the Superintendent's designee

06/26/2007
07-06-25

Public Adjusters Accepting Compensation from Restoration Contractors for Referrals

06/26/2007
07-06-26

Sharing Commissions with Religious Organization

06/27/2007
       

 

07-07-01

Revoked License – Entitlement to Commissions

07/02/2007
07-07-02

Wrap-up policy not subject to audit adjustment

07/03/2007
07-07-03

Insurance Cancellations and Refunds by a Premium Finance Agency

07/03/2007
07-07-04

Experimental Medical Services

07/03/2007
07-07-05

Class Action Suits

07/06/2007
07-07-06

Timing of a non-renewal notice on a new homeowners policy

07/09/2007
07-07-07

Free car washes as unlawful rebating

07/09/2007
07-07-08

Disclosure of fee sharing between a public adjuster and an insurance broker

07/13/2007
07-07-09

Time Limit on Recouping Overpayments

07/18/2007
07-07-10

Advertising Inducements

07/18/2007
07-07-11

Internal Audit Reporting Requirements

07/19/2007
07-07-12

Regulation 60 Replacement Inquiry

07/19/2007
07-07-13

Three-year required policy period

07/19/2007
07-07-14

Public Adjuster Loaning Money to Client

07/19/2007
07-07-15

Broker of Record Authorization

07/20/2007
07-07-16

Certificate of Insurance

07/20/2007
07-07-17

Rebates/Inducements

07/23/2007
07-07-18

Cancellation of a Commercial Lines Insurance Policy

07/23/2007
07-07-19

Paintless Dent Repair Program

07/23/2007
07-07-20

Medicare Prescription Drug Program; Use of Adjusters

07/24/2007
07-07-21

Maximum Age Limitation for Directors

07/24/2007
07-07-22

Anti-Arson Application - See Opinion No. 07-11-06, dated November 27, 2007

07/25/2007
07-07-23

Third Party Administrators

07/25/2007
07-07-24

Cash Transaction Facilitator

07/25/2007
07-07-25

Rebates, Referrals and Commission Sharing

07/26/2007
07-07-26

Custodial Agreements

07/26/2007
07-07-27

Medical Malpractice Reporting Requirements

07/26/2007
       

 

07-08-01

Use of a URL and e-mail address by a licensed insurance agent

08/06/2007
07-08-02

Services on Behalf of an Investment Adviser

08/27/2007
07-08-03

Group Health Insurance, Certificates and Explanations of Benefits

08/27/2007
07-08-04

NAIC Model Audit Rule

08/27/2007
07-08-05

Qualification as an “Insured’s Authorized Agent or Broker”

08/27/2007
07-08-06

Reinsurance Intermediaries and Premium Accounts

08/28/2007
07-08-07

Tax Allocation Agreements

08/28/2007
07-08-08

Tie-In Sales and Rebating

08/28/2007
07-08-09

Applicability of Regulation 60 to an Exchange of a Matured Endowment Contract

08/29/2007
07-08-10

Vehicle Inspections Under Regulation 79

08/29/2007
07-08-11

Individual Life Insurance, Sales Illustrations and Insurer Restrictions on Agents

08/29/2007
07-08-12

Multi-State Risks

08/30/2007
07-08-13

Non-Renewal of Insurance due to Bankruptcy

08/30/2007
07-08-14

Pre-Paid Legal Services

08/31/2007
07-08-15

Collection of Overpayments to Healthcare Providers

08/31/2007
07-08-16

Commissions and liquidation

08/31/2007
07-08-17

Electronic distribution by insurers of insurance policies, forms, and bills to insureds

08/31/2007
       

 

07-09-01

Insurance Law § 2119 Service Fee Agreement

09/04/2007
07-09-02

Paintless Dent Repair Protection Plan

09/05/2007
07-09-03

Reinsurance Intermediary Fiduciary Accounts

09/05/2007
07-09-04

Reservation of Rights

09/06/2007
07-09-05

Continuation of Group Health Insurance

09/06/2007
07-09-06

Subrogation of a Regulation 64 Claim

09/10/2007
07-09-07

Destruction of Records After the Required Record Retention Period has Passed

09/11/2007
07-09-08

Vehicle Inspections Under Regulation 79

09/11/2007
07-09-09

Return of Unearned Premium Money Upon Cancellation of Personal or Commercial Fire Insurance Policies

09/12/2007
07-09-10

State Inconsistency or Amendatory Endorsements

09/12/2007
07-09-11

Request for Classification of Insurance Coverage as Credit Insurance

09/12/2007
07-09-12

Code of Ethical Practices With Respect to the Insuring of the Benefits of Union or Union-Management Welfare and Pension Funds

0912//2007
07-09-13

Permissible Placement of Property Insurance

09/12/2007
07-09-14

Insurance Brokerage Ownership

09/17/2007
07-09-15

Marketing an Extended Warranty Program

09/17/2007
07-09-16

Reformation of Stop-Loss Insurance Policy

09/17/2007
07-09-17

Denial of automobile insurance claim

09/20/2007
07-09-18

Direct Repair Program Promotion

09/20/2007
07-09-19

Broker/Agent Activity – Alleged Misrepresentation of Rate of Return

09/20/2007
07-09-20

Interest computed pursuant to § 3214 on unclaimed life insurance proceeds

09/20/2007
07-09-21

Medicare Prescription Drug Program, Insurance Agent Licensing

09/21/2007
07-09-22

Purchasing of Stop-Loss Insurance by Self-Funded Plan

09/20/2007
07-09-23

Offset of lost wages

09/20/2007
07-09-24

Rebates

09/24/2007
07-09-25

Insurable interests pertaining to individual life insurance policy

09/24/2007
07-09-26

New York agent for an unauthorized insurer

09/25/2007
07-09-27

Health Insurance Coverage for Same-Sex Couples Married Outside of New York State

09/26/2007
07-09-28

Billing by Nurse Practitioner for Services Rendered by Licensed Massage Therapist

09/27/2007
07-09-29

Coverage by health insurers of chiropractic services

09/27/2007
 

 

07-10-01

Service Provider Contracts

10/03/2007
07-10-02

Release for Third-Party Property Damage Claim

10/10/2007
07-10-03

Settlement Checks

10/10/2007
07-10-04

Right of Recovery for Used Sick Leave Credits under No-Fault Law

10/11/2007
07-10-05

Waiver of Deductible by an Automobile Collision Repair Facility

10/11/2007
07-10-06

Bad faith denials of long-term insurance claims

10/16/2007
07-10-07

Method of insurance fraud investigation questioned by a private investigator licensed by the Department of State

10/18/2007
07-10-08

Insurer utilizing an MGA seeks specific guidance

10/18/2007
07-10-09

Employees Acting as Adjusters without a License

10/23/2007
07-10-10

Hazardous Materials Report Form

10/26/2007
07-10-11

Vehicle Inspections Under Regulation 79

10/29/2007
07-10-12

MMIP Structure and Participation

10/29/2007
07-10-13

Insurance Agent Offering Free Services in exchange for a Client’s Health Insurance Business

10/31/2007
   

 

07-11-01

Prepaid Health Service Plans, Agent's Licensing

11/02/2007
07-11-02

Group Health Insurance, Continuation Benefits

11/05/2007
07-11-03

Money Market Fund as a Sweep Option

11/07/2007
07-11-04

Licensing Requirements for Firm Performing Services Related to Medicare Advantage

11/21/2007
07-11-05

Format and Retention of Records

11/26/2007
07-11-06

Anti-Arson Application

11/27/2007
07-11-07

Record retention and destruction by an insurance agent

11/28/2007
07-11-08

Health Insurance, Reimbursement From Tort Recovery

11/28/2007
07-11-09

Office in New York for Unauthorized Insurer

11/29/2007
07-11-10

Provision of Domestic Partner Coverage to Same-Sex Partners but not to Opposite-Sex Partners

11/29/2007
07-11-11

No-Fault Documentation and Social Security Numbers

11/21/2007
 

 

07-12-01

Loss run requirements for workers' compensation

12/10/2007
07-12-02

Delay in Receipt of Broker Earned Commissions from Insurer

12/10/2007
07-12-03

Review and Payment of Healthcare Bills

12/12/2007
07-12-04

Update on broker disclosure of commission and compensation other than commission
See Opinion No. 08-01-10, dated January 30, 2008

12/12/2007
07-12-05

Status of Limited Partnership as an Investment Subsidiary

12/12/2007
07-12-06

Adjustments to Retaliatory Tax Obligations
Withdrawn - see Prudential Ins. Co. of America v. Wrynn, 36 Misc.3rd 427 (Sup. Ct. N.Y. Co., 2012)

12/17/2007
07-12-07

Homeowners Insurance/Insurable Interest

12/17/2007
07-12-08

Required policy period for a package policy

12/18/2007
07-12-09

Body Damage Estimator

12/19/2007
07-12-10

Meaning of "Any One Risk"

12/20/2007
07-12-11

Proof of Mailing of Cancellation Notices

12/27/2007
07-12-12

Insurance Department Notice of Convictions

12/21/2007