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

Return to Select Opinions By Year index

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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 and co-operative units

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

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