Skip to Content

Translate | Disclaimer

Department of Financial Services logo

Insurance

Selected Opinions of The Office of General Counsel For The Year of 2010

Return to Select Opinions By Year index

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

Opinion Number Subject Date Issued
10-01-01

Prelicensing Course Exemption for Work Experience

01/04/2010
10-01-02

Insurer Use of Fictitious Name When Adjusting Claims on behalf of Other Insurers

01/05/2010
10-01-03

Partial Insurance Agency Ownership by Automobile Club Subsidiary

01/06/2010
10-01-04

Determining Principally Headquartered under N.Y. Ins. Law 3426(l)(1) Where Insurer Issues Policy Covering Multiple-Affiliated Corporate Entities

01/13/2010
10-01-05

Terminated agent and 3425 covered policy of personal lines insurance

01/19/2010
10-01-06

Reinsurance intermediaries acting outside of New York

01/19/2010
10-01-07

Premium due date and late fees

01/20/2010
10-01-08

Insurance Producers Receiving Compensation for Hyperlink Clicks

01/26/2010
10-01-09

Clarification of the term personal injury as used in the amendments to N.Y. Ins. Law 3420

01/28/2010
10-01-10

XYZ Boiler Inspection and Insurance Company Risk Retention Group

01/29/2010
   
10-02-01

Selling and Assigning a Beneficial Interest in a Trust that Owns Life Insurance Policies

02/09/2010
10-02-02

Group Health Insurance

02/10/2010
10-02-03

Gap Waiver

02/12/2010
10-02-04

Applicability of Insurance Law 4224(c) to Health Maintenance Organizations

02/12/2010
10-02-05

BOCES wholly-owned insurance broker

02/12/2010
10-02-06

Travel Insurance

02/23/2010
10-02-07

Premium Financed Policies: Pro-Rata Refund

02/23/2010
10-02-08

Gap Waivers

02/16/2010
   
10-03-01

Reconsideration of OGC Opinion No. 09-12-06: Refusal to accept cash premium payments

03/10/2010
10-03-02

Prior Approval of Reinsurance Agreement

03/05/2010
10-03-03

Licensing Requirements for Prepaid Medical Services Plans

03/16/2010
   
10-04-01

Blanket Accident and Health Insurance Policy

04/21/2010
10-04-02

Wellness Talks and an Annual Health Fair

04/26/2010
10-04-03

Applicability of Article 15

04/30/2010
   
10-05-01

Appearance Allowances Prohibited

05/10/2010
   
10-06-01

Regulation 194 Disclosure

06/02/2010
10-06-02

Licensing of Third Party Administrators

06/03/2010
10-06-03

HMO Commissions to Brokers

06/03/2010
10-06-04

Soliciting on behalf of charity and donating commissions

06/04/2010
10-06-05

New York State Health Care Reform Act (HCRA) Surcharges

06/16/2010
10-06-06

Municipality Waiver of Ambulance Co-Payment, Co-Insurance or Deductible for Residents

06/29/2010
10-06-07

Technology Firm as a Life Settlement Intermediary

06/30/2010
10-06-08

Deductibles for automobile physical damage insurance policies

06/03/2010
   
10-08-01

Excess Insurance for Workers’ Compensation Self-Insurance Plans

08/04/2010
10-08-02

Minimum Capital/Minimum Surplus to Policyholders Investments and Permitted Reserve Investments of a Domestic Property/Casualty Insurer

08/04/2010
10-08-03

Life Settlement Broker Disclosure Requirements

08/05/2010
   
10-09-01

Insurance Producers Using an Alternate Title

09/07/2010
10-09-02

Unlawful Inducements

09/07/2010
10-09-03

Inspection Fees Charged by Managing General Agents

09/07/2010
10-09-04 Opinion Withdrawn  
10-09-05

Accrual of Interest on Overdue No-Fault Claims

09/14/2010
10-09-06

Producer Compensation Transparency and Regulation 194

09/14/2010
10-09-07

Investments in Federally Insured Certificates of Deposit by a Co-operative Property/Casualty Insurance Company

09/17/2010
10-09-08

Compliance Requirements of Insurance Law § 6402 and Notification to the New York State Insurance Department Regarding Board of Directors Membership Changes

09/17/2010
10-09-09

Liability Insurance for Establishments Licensed to Sell Liquor at Retail for Consumption on the Premises

09/21/2010
10-09-10

Commission Sharing

09/27/2010
10-09-11

Inflation-Guard Endorsements - Protection Against Inflation

09/27/2010
10-09-12

Certificate of Insurance

09/27/2010
10-09-13

Rebates

09/29/2010
10-09-14

Reporting of Fees on Dental Benefit Plan Claim Forms

09/30/2010
10-09-15

Records Retention In Electronic Media

09/30/2010
   
10-10-01

Canadian Life Settlements

10/21/2010
   
10-11-01

Disclosure of Compensation Paid to Employees or Sublicensees

11/04/2010
10-11-02

Total Loss Protection and Vehicle Loss Assist Policies

11/15/2010
10-11-03

Paintless Dent Repair Membership Program

11/15/2010
10-11-04

Applicability of Article 78 of the Insurance Law

11/16/2010
10-11-05

Personal Lines Policy: Calculation of Return Premium on a Short-Rate Basis

11/18/2010
10-11-06

Amendment to Policy Issued in Free Trade Zone: Applicable Notice Requirements

11/19/2010
10-11-07

Life Insurance Company Guaranty Corporation of New York Linked-In Website as Advertising Vehicle

11/22/2010
10-11-08

Anti-Arson Application

11/22/2010
10-11-09

Doing an Insurance Business

11/23/2010
10-11-10

Referral Fees

11/24/2010
10-11-11

Sample Term Life Insurance Premium Quotes Provided on an Agents Internet Website

11/24/2010
10-11-12

Coverage for a Lost or Stolen Item

11/24/2010
10-11-13

Insurer Audits of Non-Participating Providers

11/29/2010
10-11-14

Retaliatory Tax Refund

11/02/2010
10-11-15

Earned Commissions on Bail Bonds

11/23/2010
10-11-16

Amendment to ACORD forms

11/22/2010
   
10-12-01

Rate and Form Deviations

12/02/2010
10-12-02

Second Medical Opinion Service Offered by a Life Insurer

12/03/2010
10-12-03

Defining Enteral Formula

12/03/2010
10-12-04

No-Fault Lost Wages

12/03/2010
10-12-05

Specialty Bill Review

12/06/2010
10-12-06

Commission Sharing on Sale of Long Term Care Insurance

12/06/2010
10-12-07

New York Independent Adjusters License

12/06/2010
10-12-08

Captive Insurer

12/06/2010
10-12-09

Permissibility of Proposed Discount Dental Program

12/08/2010
10-12-10

Repatriation and Funeral Contracts

12/09/2010
10-12-11

Choice of Law for Life Settlements

12/15/2010
10-12-12

Application of Regulation 194

12/15/2010
10-12-13

Insurance Producer Compensation Disclosure

12/16/2010
10-12-14

XYZ, Inc. (d/b/a XYZ Purchasing Group) – Proposed Identity Theft Purchasing Group Insurance Program

12/30/2010
10-12-15

Employer Sponsored Group Health Insurance, Waiver of Coverage

12/31/2010
10-12-16

Prohibited Referral Payments to Insurance Agents or Employees by a Motor Vehicle Glass Repair

12/31/2010
10-12-17

Payment of Health Insurance Claims

12/22/2010

About DFS

Contact DFS

Reports & Publications

Licensing

Laws and Regs

Connect With DFS

DFS Facebook page

Follow NYDFS on Twitter