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

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
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