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

The selected opinions are listed in the table below in Opinion Number order.
There are three columns. The column headings are Opinion Number, Subject and Date Issued.
The Opinion Number represents the year, the month, and then the order posted. For example, in 06-04-15 the "06" represents 2006, the "04" represents April, and the "15" refers to the 15th opinion for April 2006. Opinions within a particular month are not necessarily in chronological order.
Each opinion title under Subject is a link to the actual opinion.
Date Issued is displayed in mm/dd/yyyy format.
You can 'jump" to a particular month using the month navigation link set after (below) this sentence.

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