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Selected Opinions of The Office of General Counsel For The Year of 2008

Return to Select Opinions By Year index

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

Opinion Number Subject Date Issued
08-01-01

Guaranteed Price Refund Agreement

01/03/2008
08-01-02

Utilization Review Timelines

01/04/2008
08-01-03

Advertisements of Insurance Agents or Brokers

01/07/2008
08-01-04

Insurance Agency or Brokerage Firm Placing an Advertisement with an Insured Client

01/10/2008
08-01-05

Lawyers' Professional Liability Policies

01/25/2008
08-01-06

Anti-money laundering program of life insurers

01/25/2008
08-01-07

Workers' Compensation Agent Termination

01/28/2008
08-01-08

HMO as No-Fault Subrogee

01/28/2008
08-01-09

Licensed Agent Opening Insurance Agency

01/28/2008
08-01-10

Update on broker disclosure of fixed commission and other compensation

01/30/2008
08-01-11

Home Equity Protection Plan Proposal

01/30/2008
08-01-12

Licensure Requirement for Insurance Consulting

01/31/2008
 

 

 
08-02-01

Provision of Managed Behavioral Healthcare Licensing and Other Requirements

02/01/2008
08-02-02

Permissible drivers under personal automobile insurance policy

02/07/2008
08-02-03

Obtaining Renewal Commissions from Insurer

02/07/2008
08-02-04

Insurance Company Reserves

02/07/2008
08-02-05

Licensing Requirements for Discount Dental Plans

02/08/2008
08-02-06

New York State Guaranty Fund for Annuities and Life Insurance

02/11/2008
08-02-07

Age-based and tenure-based exceptions to non-renewal

02/20/2008
08-02-08

Warranty vs. Insurance

02/21/2008
08-02-09

Applicability of Insurance Law 3425(d)(1) to expiration of Original Equipment Manufactured ("OEM") coverage on a non-commercial automobile insurance policy

02/22/2008
08-02-10

Terrorism Risk Insurance Policyholder Disclosure Notice

02/25/2008
08-02-11

Proposed Electronic Premium Payment System

02/25/2008
   

 

 
08-03-01

Insurance Department's requirements for reporting administrative actions against insurance producers

03/04/2008
08-03-02

Workers' Compensation

03/04/2008
08-03-03

Short Term Disability Policies, Benefit Payments to Insured

03/05/2008
08-03-04

Small Employer Group Health Insurance

03/05/2008
08-03-05

Reporting of Medical Malpractice Claims

03/07/2008
08-03-06

Insolvent Health Maintenance Organization, Liability of Subscriber

03/11/2008
08-03-07

Gap Insurance and Financed Motor Vehicles

03/11/2008
08-03-08

Referrals of potential insureds by clients to an insurance agency

03/12/2008
08-03-09

Names of insurers in advertisements

03/12/2008
08-03-10

Workers' Compensation Claims Adjuster Conflict of Interest

03/12/2008
08-03-11

Transferability of service contracts

03/13/2008
08-03-12

Preferred Provider Organization

03/13/2008
08-03-13

Total Loss Protection Program

03/19/2008
08-03-14

Identity Theft Insurance

03/19/2008
08-03-15

Service Contracts issued by ABC Energy Services – applicability of Article 79 financial responsibility requirements

03/20/2008
08-03-16

Expense allowance limitations for life insurance agents and brokers

03/21/2008
08-03-17

Retroactive Application of Regulation 41

03/25/2008
08-03-18

What Constitutes a Rebate by an Automobile Collision Repair Facility?

03/26/2008
08-03-19

Health Insurance, Balance Billing

03/27/2008
08-03-20

Gap Waivers and Gap Insurance

03/27/2008
 

 

 
08-04-01

Auto Repair Discount Certificate

04/01/2008
08-04-02

Office of General Counsel Opinion Number 06-08-13 (08/17/2006)

04/01/2008
08-04-03

Consulting Fee Agreement

04/01//2008
08-04-04

Health Insurance, Waiver of Deductibles and Co-Insurance

04/02/2008
08-04-05

Online Insurance Policy Delivery System

04/02/2008
08-04-06

Attorney Retainer Agreement

04/03/2008
08-04-07

ABC Insurance Association inquiry--an insured's use of a credit card to pay the premium on an insurance policy

04/03/2008
08-04-08

Reproduction Cost of a Magnetic Resonance Imaging ("MRI") Film Necessary to Verify a No-Fault Insurance Claim

04/04/2008
08-04-09

Required level of flood insurance for a mortgage

04/07/2008
08-04-10

Foreign Fire Tax Proceeds

04/07/2008
08-04-11

Insurance Sub-producers

04/07/2008
08-04-12

"Accident" coverage endorsement to a general liability policy

04/07/2008
08-04-13

Calculation of a Financed Insurance Policy Return Premium

04/07/2008
08-04-14

Agent Licensing of Marketing Representatives

04/08/2008
08-04-15

Health Insurance Coverage for Newborns

04/08/2008
08-04-16

Provider Billing Patient Directly Where the Patient Executed an Assignment of No-Fault Benefits Form

04/08/2008
08-04-17

Mortgage tax guarantee

04/09/2008
08-04-18

Paintless Dent Repair and other aftermarket programs

04/09/2008
08-04-19

Medicare Supplement Policies: Insurance Company and its Agents' Use of Ratings Reports in their Sales Presentations

04/11/2008
08-04-20

Medicare Part D, Insurer Licensing

04/14/2008
08-04-21

Third Party Administrators

04/15/2008
08-04-22

Gap waivers by national banks

04/15/2008
 08-04-23

Binding Rate Guarantees

04/14/2008
08-04-24

Premium audits of policies issued on risks located outside of this state

04/16/2008
08-04-25

Payment by insurance broker of referral fees to non-licensees

04/17/2008
08-04-26

Family Health Plus

04/17/2008
08-04-27

Application of Regulation 30 to health insurers

04/18/2008
08-04-28

Construction Company Acting as a Public Adjuster

04/22/2008
08-04-29

Selling Travel Insurance

04/23/2008
08-04-30

1033 Waiver Pursuant to 18 U.S.C. § 1033

04/23/2008
08-04-31

1033 Waiver

04/23/2008
08-04-32

Minimum period of enrollment requirements for continuation coverage

04/23/2008
08-04-33

Hospital Balance Billing

04/25/2008
08-04-34

Individual Health Insurance, Replacement

04/25/2008
08-04-35

Radio and internet advertisements of insurance agents and brokers

04/28/2008
08-04-36

Applicability of the “two percent rule” to commercial lines insurance

04/29/2008
08-04-37

Premium Finance Agency

04/29/2008
08-04-38

DRG Medical Implants and No-Fault Insurance Reimbursement

04/30/2008
08-04-39

Warranty vs. Insurance

04/30/2008
 

 

 
08-05-01

Director and Officer Liability Insurance

05/02/2008
08-05-02

Insurable Interest Requirement (Life Insurance)

05/06/2008
08-05-03

Agency Ownership

05/06/2008
08-05-04

Conditional Renewal Notice Based on Increased Premium on E & O Liability Insurance Policy

05/08/2008
08-05-05

Rebating inquiry; commissions for health insurance

05/13/2008
08-05-06

Superintendent's Discretion to Approve Repayment of Surplus Notes

05/13/2008
08-05-07

Insurer designating a contractor to repair, rebuild or replace

05/16/2008
08-05-08

Post-Mastectomy Breast Reconstruction Surgery Mandate

05/19/2008
08-05-09

Health Insurance, Submission of Claims

05/20/2008
08-05-10

Cancellation of vehicle-for-hire insurance policy pursuant to premium finance agency's request

05/21/2008
08-05-11

Mortgage Note Language

05/23/2008
08-05-12

Business Card/Office Consolidation

05/30/2008
08-05-13

Certificates of Insurance

05/30/2008
08-05-14

Usual and Customary or Reasonable Fees for Health Insurance Reimbursements

05/30/2008
08-05-15

ABC Insurance Company - "Wireless Protector" Program

05/30/2008
08-05-16

Utilization Review of Chiropractic Services

05/30/2008
08-05-17

No-Fault Insurance Policy Additional Personal Injury Protections

05/15/2008
 

 

 
08-06-01

NF-2 Submission Timeframe

06/02/2008
08-06-02

New York Medical Professional Liability Insurance

06/04/2008
08-06-03

Emergency Department Treatment

06/04/2008
08-06-04

Continuation Right, Group Health Insurance; Electronic Storage of Protected Health Information

06/06/2008
08-06-05

Rebates - Gift Cards

06/10/2008
08-06-06

Application of New York Insurance Law § 3425(f) and (o) to a Run-Off Company

06/10/2008
08-06-07

Post-Mastectomy Breast Reconstruction Surgery Mandate

06/16/2008
08-06-08

Life Settlements

06/16/2008
08-06-09

Domestic Partner Coverage

06/17/2008
08-06-10

Application of Insurance Law 3224-a to the Retroactive Payment of Adjusted Diagnosis Related Group Rates

06/18/2008
08-06-11

Electronic Commerce Pursuant to Insurance Law § 6611

06/25/2008
08-06-12

Dent Armor Protection Plan

06/30/2008
08-06-13

Retention of Insurance Declaration Pages

06/12/2008
New! 08-06-14

Proposed Collateral Program

06/18/2008
 

 

 
08-07-01

Property Damage Release

07/01/2008
08-07-02

Recovery under an automobile insurance policy for loss of fetus

07/01/2008
08-07-03

Live Organ Donations, Insurance Implications

07/09/2008
08-07-04

Non-network Hospital Emergency Treatment

07/10/2008
08-07-05

Auto Repair Discount

07/10/2008
08-07-06

Required Specific Language for § 2119 Agreement

07/14/2008
08-07-07

Emergency Treatment

07/15/2008
08-07-08

Health Information Privacy

07/15/2008
08-07-09

Insurer Payment Obligation Under Collision Coverage

07/16/2008
08-07-10

Restoration company's payment of referral fees to insurance agent or broker

07/16/2008
08-07-11

Insurance Law 2119 fee agreement for consulting services

07/16/2008
08-07-12

Mental Health Professionals as Covered Providers

07/16/2008
08-07-13

Gross Unearned Premium

07/17/2008
08-07-14

Excess lines broker promotion

07/21/2008
08-07-15

Assumption Reinsurance/Novation

07/21/2008
08-07-16

Disapproval of a Loss History Rating Plan as an Experience Rating Plan

07/21/2008
08-07-17

Names of insurers in advertisements

07/21/2008
08-07-18

Post-Mastectomy Breast Reconstruction Surgery Mandate

07/22/2008
08-07-19

Third Party Administrator

07/25/2008
08-07-20

Usual and customary or reasonable rates for ambulance services

07/28/2008
08-07-21

Section 2119 memorandum by premium finance arranger

07/28/2008
08-07-22

Assessment Clause in Construction Project Contract

07/28/2008
08-07-23

Commercial Auto Liability Exclusion

07/28/2008
08-07-24

Independent Adjuster License

07/29/2008
08-07-25

Premium Installment Fees

07/30/2008
08-07-26

Wellness Program offer on insurance broker’s website

07/30/2008
08-07-27

Profit Sharing and Ownership of an Insurance Agent Organized as an LLC

07/31/2008
08-07-28

No-Fault Medical Fees After Exhaustion of Benefits

07/30/2008
08-07-29

No-Fault Deductible

07/30/2008
08-07-30

Ambulance Subscription / Membership Plans

07/7/2008
08-07-31

Home Equity Protection Plan Proposal

07/16/2008
 

 

 
08-08-01

Charitable Annuity Society - Special Permit and Reserve Requirements

08/01/2008
08-08-02

United States Customs Bonds

08/04/2008
08-08-03

Application of Ground Rule 8 of the New York State Workers' Compensation Radiology Fee Schedule to the Reproduction Cost of a Magnetic Resonance Imaging ("MRI") Film Necessary to Determine Whether a "Serious Injury" Exists

08/25/2008
08-08-04

Health Insurance, Pre-Certification

08/25/2008
08-08-05

Charitable entity consultant

08/26/2008
08-08-06

Commercial motor vehicle liability policies to out-of-state residents

08/26/2008
08-08-07

Advertisements

08/26/2008
08-08-08

Public adjuster communicating with insurer represented by counsel

08/26/2008
08-08-09

Placement of Punitive Damages Insurance Coverage in the Excess Line Market

08/27/2008
08-08-10

Jane Doe Protection Program Agreement

08/27/2008
 

 

 
08-09-01

Group Health Insurance, Eligibility for HMO Coverage

09/03/2008
08-09-02

Cancellation of homeowner’s insurance policy based upon impending foreclosure action

09/10/2008
08-09-03

Claims Administrator as Independent Adjusters

09/17/2008
08-09-04

Group Health Insurance, Continuation Period

09/17/2008
08-09-05

Record retention requirements for insurance policies

09/19/2008
08-09-06

Gifts From Producers

09/22/2008
08-09-07

Insurance broker charging a flat fee in lieu of receiving a commission

09/22/2008
08-09-08

Refusal of Insurance Company to Accept a Physician as an In-Network Provider

09/23/2008
08-09-09

Names of insurers in advertisements

09/24/2008
08-09-10

Rider to Medicare supplement prescription drug benefit plan

09/24/2008
08-09-11

Continuation of Health Insurance Coverage for Employees Having Other Coverage in Effect Prior to Termination

09/24/2008
08-09-12

Licensed bail bond agent conducting non-bail bond business

09/26/2008
08-09-13

Minimum Earned Premiums on General Liability Policies

09/29/2008
08-09-14

Life Settlements, Insurance Department Licensing

09/29/2008
08-09-15

Public Adjuster Ownership of Construction Company

09/29/2008
 

 

 
08-10-01

Group Health Insurance, Employee-Employer Groups

10/06/2008
08-10-02

Reinsurance by a Risk Pooling Trust of a New York Authorized Property/Casualty Insurer

10/06/2008
08-10-03

Group Accident & Health Insurance

10/06/2008
08-10-04

Down Payment for Personal Automobile Insurance

10/10/2008
08-10-05

Applicability of Employee Retirement Income Security Act (ERISA), Self-Funded Association Groups

10/14/2008
08-10-06

Post-Mastectomy Breast Reconstruction Surgery Mandate

10/16/2008
08-10-07

Duty to Defend – Directors’ and Officers’ Policies

10/16/2008
08-10-08

Self-Funded Benefit Plan, Claims Funding Arrangement

10/27/2008
08-10-09

Regulation 114 Trust Assets

10/27/2008
08-10-10

No-Fault Lost Earnings Claim

10/27/2008
08-10-11

Privacy of consumer's nonpublic personal financial information

10/29/2008
08-10-12

Replacement cost; payment on an "estimated claim"

10/29/2008
08-10-13

Calculation of total loss payments upon automobiles’ title transfer fees and sales tax

10/30/2008
08-10-14

ABC, Inc. - Independent Adjuster License

10/27/2008
 

 

 
08-11-01

Community-rated HMO's right to decrease premiums

11/13/2008
08-11-02

Health Insurance, Non-Community Rated Groups

11/17/2008
08-11-03

Life Insurance Company Guaranty Corporation of New York

11/18/2008
08-11-04

Nonrenewal of Commercial Insurance Policies

11/18/2008
08-11-05

Health Insurance for Same-Sex Spouses in Legal Out-of-State Marriages

11/21/2008
08-11-06

Vehicle Purchase Option

11/25/2008
08-11-07

Proposed Capital Markets Securities Transaction

11/25/2008
08-11-08

Life Settlements

11/26/2008
08-11-09

ABC's Tuition Guarantee Plan

11/19/2008
 

 

 
08-12-01

Clarification of OGC Opinion Number 08-04-07 (04/03/2008) regarding an insured's use of a credit card to pay the premium on an insurance policy

12/17/2008
08-12-02

Bid Credits for Change Order

12/18/2008
08-12-03

Sale of Optional Insurance Coverage with Credit Card

12/19/2008
08-12-04

Settlement of No-Fault cases

12/26/2008
08-12-05

Application of Circular Letter No. 27 (2008) to Group Long-Term Disability, Group Short-Term Disability, and Group Term Life Insurance

12/29/2008
08-12-06

Life Insurance Independent Adjuster License

12/30/2008
08-12-07

New York State Health Care Reform Act (HCRA) Surcharges
Withdrawn and Rescinded

12/30/2008
08-12-08

Treatment of Collateral Held by an Insurer in Liquidation or Rehabilitation

12/31/2008
08-12-09

Notice of Rights Letter and Collision Coverage

12/31/2008

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