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Selected Opinions of The Office of General Counsel For The Year of 2009

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
09-01-01	Electronic Delivery of Executed Insurance Policies via the Internet	01/06/2009
09-01-02	ABC Risk Retention Group, Inc.	01/08/2009
09-01-03	Premiums received by broker	01/13/2009
09-01-04	Employers' Trust for Health Insurance	01/13/2009
09-01-05	Circular Letter 26 (2008)	01/13/2009
09-01-06	Return of Unearned Premium from Producer-Canceled Assigned Risk Policy	01/15/2009
09-01-07	Proposed Retirement Asset Protection Policy	01/13/2009
09-01-08	Total Loss Protection Program	01/13/2009
09-01-09	Vacation Rental Lease Agreement -Cancellation Option	01/16/2009
09-01-10	Flexible Rating for Private Passenger Automobiles Predominantly Used for Business Purposes	01/16/2009
09-01-11	Investments in Federally Insured Credit Union by Co-operative Property /Casualty Insurance Companies	01/16/2009

09-02-01	Radiology Discounts	02/02/2009
09-02-02	Doing An Insurance Business	02/02/2009
09-02-03	Investments by Certified Capital Companies	02/05/2009
09-02-04	License to Broker Life Settlements in New York	02/09/2009
09-02-05	Health Insurance, Submission of Claims	02/18/2009
09-02-06	Frequency Rules for No-Fault Durable Medical Equipment Fee Schedule	02/20/2009
09-02-07	Application of Circular Letter No. 27 (2008) to Group Health Insurance Contracts Validly Issued by Out-of-State Insurer to Out-of-State Employer with New York Resident Employees	02/23/2009
09-02-08	Sharing Commissions with Non-Licensees	02/23/2009

09-03-01	Tuition Guarantee Plan Clarification	03/02/2009
09-03-02	Group medical malpractice insurance on an excess line basis	03/02/2009
09-03-03	Applicability of Insurance Law 3411 and Regulation 79 to For-Hire Vehicles	03/02/2009
09-03-04	Aggregate Limits	03/06/2009
09-03-05	Health Insurance, Coverage of Domestic Partner's Dependent	03/16/2009
09-03-06	Multiple Employer Welfare Association	03/17/2009
09-03-07	Recordkeeping Responsibilities for Licensed Insurance Agents	03/17/2009
09-03-08	Investments under Insurance Law 1402(b)(1) and 1404(a)(1)(A)	03/19/2009

09-04-01	Agent's Commission	04/02/2009
09-04-02	Applicability of Workers' Compensation Board Directive to Durable Medical Equipment Fee Schedule in No-Fault Claims	04/06/2009
09-04-03	Insurer's obligation to notify the insured's authorized agent of the insurer's nonrenewal of the policy	04/08/2009
09-04-04	Balance Billing by Health Care Providers	04/13/2009
09-04-05	Consolidated Omnibus Reconciliation Act (“COBRA”) Services and Third-Party Wellness Programs	04/13/2009
09-04-06	Group Insurance Policies Community Rated vs. Large Group	04/15/2009
09-04-07	Record Retention Requirements for New York Licensed Special Risk Insurers	04/16/2009
09-04-08	Stop-Loss Insurance, Prompt Claim Settlement	04/17/2009
09-04-09	Foreign Fire Insurance Premium Tax Funds	04/17/2009
09-04-10	Insurance Agency Offering Free Access to a Third-Party Online Vendor	04/20/2009
09-04-11	Payment of referral fees to unlicensed credit union employees	04/22/2009
09-04-12	Accident and Health Insurance and Work-related Injury	04/22/2009
09-04-13	Life Insurance Company Guaranty Corporation of NY Long-term care insurance	04/29/2009
09-04-14	Notice of Cancellation sent Electronically	04/22/2009

09-05-01	Limit on Charges by Providers of Health Services Under the No-Fault Law	05/15/2009
09-05-02	Life Insurance Company Guaranty Corporation of NY Protection of Annuity Contract	05/29/2009
09-05-03	Requiring a Medicare-Eligible Employee to Enroll in Medicare Part B	05/29/2009
09-05-04	No-Fault Lost Wage Claim	05/14/2009

09-06-01	Waiver of Psychiatric Office Visit Fees	06/03/2009
09-06-02	Qualified Counterparty and Investment Limits Under New York Insurance Law Section 1410(f)	06/03/2009
09-06-03	Insurance producer's memorandum for consulting work	06/04/2009
09-06-04	Accident and Health Insurance and Work-Related Injury	06/05/2009
09-06-05	Discount Medical Plan	06/09/2009
09-06-06	Fire Insurance Fee and Businessowners Policies	06/15/2009
09-06-07	Independent Adjuster Licensing	06/22/2009
09-06-08	Interpreting the Amendments to Insurance Law 3420	06/23/2009
09-06-09	Non-public personal health information sharing among affiliates	06/23/2009
09-06-10	Examinations Under Oath of Assignees	06/24/2009
09-06-11	Permissibility of Proposed Contingent Annuity Contracts	06/25/2009
09-06-12	Regulation 164	06/26/2009
New! 09-06-13	Insurance Law 332 Assessments and State Paid Health Benefits	06/10/2009

09-07-01	Joint Venture/Title Insurance Agency	07/07/2009
09-07-02	Charitable Contributions	07/15/2009
09-07-03	Medical Membership Programs	07/15/2009
09-07-04	Total Loss Protection Program	07/21/2009
09-07-05	Health Insurance, Time Limit on Claim Submission	07/22/2009
09-07-06	Medigap and Exhaustion of Medicare Hospital Inpatient Coverage	07/29/2009
09-07-07	State entity-owned hospitals reporting of medical malpractice claims	07/29/2009
09-07-08	Title Insurance	07/31/2009
09-07-09	Insurers Providing Explanations of Benefit to Non-Participating Ophthalmologists	07/31/2009

09-08-01	Insurer In-House Counsel	08/04/2009
09-08-02	Acceptance of Third-Party Subpoena by the Superintendent	08/05/2009
09-08-03	Affiliated company loans and investments	08/07/2009
09-08-04	Electronic Delivery of Insurance Policies	08/07/2009
09-08-05	1033 Waivers	08/11/2009
09-08-06	Mail Order Exemptions	08/13/2009
09-08-07	Home and Auto Plan	08/04/2009
09-08-08	Public Construction Contract	08/31/2009

09-09-01	Service Contracts	09/01/2009
09-09-02	Commercial Insurance Policy Cancellation	09/10/2009
09-09-03	Loss Transfer Jurisdiction	09/15/2009
09-09-04	Determining Investment Limitations and Financial Condition Under N.Y. Ins. Law 1408	09/16/2009
09-09-05	Proposed Discount Dental Service Plan	09/23/2009
09-09-06	N.Y. Ins. Law 1401(b) and Regulation 114 Trusts	09/30/2009

09-10-01	Questions Concerning the Fire Insurance Premium Tax and Fire Insurance Fee	10/15/2009
09-10-02	Proposed Services Agreement Providing Identity Protection and Credit Repair Services	10/15/2009
09-10-03	Policies Offered to Lender's and Insurance Law 9108	10/26/2009
09-10-04	Permissibility and Effect of Obtaining Financial Guaranty Insurance to Support the Rating of Insurance Company Assets	10/26/2009

09-11-01	Proposed Medical Service Plan	11/02/2009
09-11-02	Cancellation of Insurance for Non-payment; Insured has Filed for Bankruptcy	11/06/2009
09-11-03	Cancellation of Workers' Compensation Insurance Policy	11/12/2009
09-11-04	Unauthorized insurer maintaining an office in New York	11/23/2009
09-11-05	Limitations on No-Fault Attorney Fees	11/30/2009

09-12-01	Use of Debit Cards to Pay Property/Casualty Insurance Claims	12/10/2009
09-12-02	Dishonored Check	12/15/2009
09-12-03	Hurricane deductibles in policies covering owner-occupied condominium andco-operativeunits	12/21/2009
09-12-04	Independent insurance agents consent to electronic transactions	12/22/2009
09-12-05	Educational Lectures	12/28/2009
09-12-06	Refusal to accept cash premium payments	12/29/2009