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2006 Selected Opinions of the Office of General Counsel

2006 Selected Opinions of the Office of General Counsel

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Selected Opinions of the Office of General Counsel for the Year 2006

Opinions are listed in the table below in order of Opinion Number which represents the year, month, and order issued, for example, in 06-04-15 the "06" represents 2006, the "04" represents April, and "15" refers to the 15th opinion issued in April of 2006.

Opinion NumberSubjectDate Issued
06-01-01Independent Adjuster Activities01/03/2006
06-01-02Applicability of New York State Insurance Law 9110 to Semi-trailers01/03/2006
06-01-03Broker Retention of Records01/04/2006
06-01-04Raffles01/04/2006
06-01-05Reinsurance - Percentage of Risks Retained by Ceding Insurer01/04/2006
06-01-06Sale of Insurance to Residents of New York01/04/2006
06-01-07Group Health Insurance: Coordination of Benefits01/05/2006
06-01-08Employee Retirement Income Security Act (ERISA), Multiple Employer Welfare Arrangement (MEWA)01/06/2006
06-01-09Use of Sweep Account for Premium Funds01/06/2006
06-01-10Use of Social Security Number to Obtain Insurance Quote01/09/2006
06-01-11Broker of Record Letters01/09/2006
06-01-12Validity of a Nonpayment Cancellation Notice01/09/2006
06-01-13Sharing Commissions Limited Liability Company01/10/2006
06-01-14Limits on Compensation for Referrals01/10/2006
06-01-15Broker Estate01/11/2006
06-01-16Insurance Broker Employees as Sub-licensees of a Limited Liability Company01/11/2006
06-01-17Insurance Covering Fuel Oil Dealer Agreements Providing Coverage for Consequential Clean-up Cost01/12/2006
06-01-18Clarification of OGC Opinion 9/30/2005; Service Contracts and Loss from External Causes01/12/2006
06-01-19Placement of Business with an Unauthorized Alien Insurer through an Excess Line Broker0113/2006
06-01-20Licensed Insurance Adjuster01/17/2006
06-01-213425(j) and Agency Termination01/19/2006
06-01-22Independent Adjuster License - Withdrawn January 21, 202601/20/2006
06-01-23MGA Licensing and Registration01/23/2006
06-01-24Insurance Agent's Proposed Contest -- N.Y. Ins. Law 4224(c) and 2324(a)01/24/2006
06-01-25Health Insurance, Broker's Services01/24/2006
06-01-26Admission to New York as a Financial Guarantee Insurer01/31/2006
06-01-27Agency Advertisement01/11/2006
06-02-01Regulation 121 - Tail Coverage02/01/2006
06-02-02Credit Card Transaction Fee - Withdrawn. See Chapter 723 of the Laws of 2023.02/02/2006
06-02-03Applicability of N.Y. Ins. Law 4232(b) to Traditional Participating Life Policies02/03/2006
06-02-04Applicability of Regulation 60 to Subsequent Transfers of Funds02/07/2006
06-02-05Anti-Arson Application - Withdrawn October 16, 2025. See Chapter 439 of the Laws of 2025.02/07/2006
06-02-06Insurance Agents Donating Profits to Charities02/07/2006
06-02-07Termination of Producer-Insurer Contract Non-Renewal of Automobile Insurance02/08/2006
06-02-08No-Fault Explanation of Benefits02/09/2006
06-02-09Licensing as an Independent Adjuster in New York02/06/2006
06-02-10Statutory Deposit Requirement02/10/2006
06-02-11ACORD Agreement02/15/2006
06-02-12Take-out credit program producer commissions02/15/2006
06-02-13Raffle in Context of Customer Referrals02/16/2006
06-02-14Rebates, Commission Sharing and Referrals02/16/2006
06-02-15Surcharge of an Insured's Premium for Non-commercial Motor Vehicle Liability Insurance02/17/2006
06-02-16Obligations of American Institutions, N.Y. Ins. Law 1404(a)(2)02/17/2006
06-02-17Electronic Verification of Insurance System02/17/2006
06-02-18Agency Appointment02/21/2006
06-02-19Definition of "Any One Risk"02/21/2006
06-02-20Charitable Gift Annuities02/24/2006
06-02-21Referrals02/08/2006
06-03-01Licensing Requirement for Foreign Call Centers Offering Insurance Quotes03/02/2006
06-03-02Employee Benefit Statements03/02/2006
06-03-03Non-public Construction Project Assessments03/08/2006
06-03-04Sale of tire and rim service plans03/08/2006
06-03-05Insurance Coverage for Criminal Acts03/08/2006
06-03-06Referrals for Trade Associations03/09/2006
06-03-07Refund of a Consulting Fee03/13/2006
06-03-08Excess Line Placement03/13/2006
06-03-09Circular Letter No. 6 (2005) and Certificates of Insurance03/15/2006
06-03-11Additional Service Fee Information03/16/2006
06-03-12Insurable Interest of an Indian Tribe in its Members03/16/2006
06-03-13Conditional Renewal Notice - Adding Coverage and Changing The Premium03/17/2006
06-03-14Agency Contracts03/20/2006
06-03-15Non-resident Insurance Agent Reciprocity03/22/2006
06-03-16Insurance Broker Charging Separate Fees for Placing Insurance03/24/2006
06-03-17Consumer Complaint Log Under Regulation 6403/28/2006
06-03-18Entities and Their Employees that Adjust Claims on Behalf of Self-Insurers and Self-Insurance Groups03/28/2006
06-03-19Out of State Rim and Tire Programs03/31/2006
06-04-01Disabled Dependent's Entitlement to Conversion Benefits after Exhaustion of Continuation Rights When Dependent is Covered by Medicare04/03/2006
06-04-02Record Retention in a "Durable Medium" by Insurance Agents, Insurance Brokers and Excess Line Brokers04/03/2006
06-04-03Motor vehicle enforcement fee and grounds for cancellation04/04/2006
06-04-04Use of Sweep Account for Premium Funds; Account Interest04/04/2006
06-04-05Circular Letter No. 6 (2005) and Policy Issued to a Broker/Dealer and its Registered Representatives04/04/2006
06-04-06Attorney Exception to Independent Adjuster License04/05/2006
06-04-07Circular Letter No. 6 (2005) and Nonresidents04/05/2006
06-04-08Group Property Policy04/04/2006
06-04-09California Insurance Policy Covers NY Risk04/05/2006
06-04-10Adjusting Workers' Compensation Claims04/11/2006
06-04-11Execution of 1035 Exchange by a Former Life Insurance Agent04/11/2006
06-04-12Risk retention groups and motor vehicle financial responsibility insurance04/17/2006
06-04-13Cooperatives and Group Property/Casualty Insurance04/17/2006
06-04-14License status of property/casualty agency employees04/18/2006
06-04-15Referrals and Promotions04/25/2006
06-04-16Department Regulation 154 - Homeowners Policies04/26/2006
06-05-01Promotional Discounts N.Y. Ins. Law 2324 (McKinney Supp. 2006)05/01/2006
06-05-02Certificates of Insurance05/09/2006
06-05-03Furriers Block Insurance Referrals of Potential Insureds by Non-Licensees to an Insurance Agency05/09/2006
06-05-04Director's and Officers Liability Insurance and Legal Services Insurance05/09/2006
06-05-05Mortgagee's Requirement that Buyers Obtain Homeowner's Insurance Covering the Amount of the Mortgage05/10/2006
06-05-06Tire and Rim Elite Extended Service Contract/Application05/12/2006
06-05-07No-Fault Assignment05/12/2006
06-05-08Title Insurance Agent Corporation; Licensing Inquiry05/16/2006
06-05-09Advertising/Quote Incentives05/17/2006
06-05-10Policy or Contract and Company Comparisons in Sale and Replacement of Life Insurance and Annuities05/30/2006
06-05-11Non-Resident Agent's Premium Account in New York State05/30/2006
06-05-12Dishonored Premium Checks and Sweep Accounts05/30/2006
06-06-01Treatment of Government Plans Under N.Y. Ins. Law 422306/05/2006
06-06-02Payment for Emergency Ambulance Services06/07/2006
06-06-03Interest payments on No-Fault claims: General Counsel Opinion 02-07-2206/08/2006
06-06-04Windstorm Insurance06/08/2006
06-06-05Non-payment cancellation based on dishonored premium checks in sweep accounts06/15/2006
06-06-06Modification of Commercial General Liability Insurance Policy06/16/2006
06-06-07Fraud Warning06/20/2006
06-06-08Adjuster Licensing06/20/2006
06-06-09Interpretation of Regulation 6406/20/2006
06-06-10Association Health Insurance06/22/2006
06-06-11Insurance Agent Donating Profits to Charities06/28/2006
06-06-12Insurers and Their Employees That Adjust Workers' Compensation Claims for Affiliated Insurers06/30/2006
06-06-13Referral Fees06/28/2006
06-07-01Broker fees and insurance policy payments07/05/2006
06-07-02Return Premium to Premium Finance Company07/05/2006
06-07-03Circular Letter No. 6 (2005) and Group Aggregate Limits07/06/2006
06-07-04Restoration company paying part of insured's deductible and an insurer forcing an insured to use specific contractors07/10/2006
06-07-05"Significant Other"07/10/2006
06-07-06Applicability of Regulation 64 to motor vehicle physical damage losses07/10/2006
06-07-07Commingling of Funds07/12/2006
06-07-08Premium Payment Following Cancellation Notice07/12/2006
06-07-09Issuance of a Special Risk Insurance License to an Authorized Insurer to Write Class 1 and Class 2 New York Free Trade Zone business07/14/2006
06-07-10Credit Card Surcharge07/21/2006
06-07-11General Construction Law 20 and Time Periods Established by 3425 of the Insurance Law07/24/2006
06-07-12No-Fault Loss Transfer Claims07/24/2006
06-07-13Independent Adjuster License for Firm Negotiating Payment for Health Care Services From Out-of-network Doctors07/24/2006
06-07-14Theft Protection Program07/24/2006
06-07-15Need for an Adjuster's Bond07/25/2006
06-07-16Federal Purchasing Groups and Compulsory Insurance Requirements07/25/2006
06-07-17Public Adjuster Compensation07/26/2006
06-07-18Suitability Standards for Annuity Contracts07/31/2006
06-08-01Premium Discount Risk Management Program - Regulation 12408/01/2006
06-08-02Cancellation of a Motor Vehicle Insurance Policy by a Premium Finance Agency08/01/2006
06-08-03Repair Cost Estimate of Physical Damage to Heavy Equipment on Behalf of Insurers and Insureds08/02/2006
06-08-04Independent Adjuster Licensing08/02/2006
06-08-05Excess Line Insurance08/02/2006
06-08-06Insurance Referrals08/03/2006
06-08-07Non-Payment of Voluntary Market Commercial Automobile Premium08/03/2006
06-08-08Insurance Coverage for the Non-Surgical Treatment of Temporomandibular Joint Disorders08/03/2006
06-08-09Guaranteeing a Security Deposit08/15/2006
06-08-10Medical Malpractice Insurance and Excess Line Brokers08/17/2006
06-08-11Act of Violence Insurance08/17/2006
06-08-12Applicability of N.Y. Ins. Law 1213(e) to Formerly Listed Excess Line Insurers08/16/2006
06-08-13Service Contract Road Hazard Coverage08/17/2006
06-08-14No-Fault Request For Additional Verification08/22/2006
06-08-15Raffles08/22/2006
06-08-16Employee Leasing Organization08/22/2006
06-08-17Conditional Renewal Under Section 3425(d)(1)08/24/2006
06-08-18Motor Vehicle Physical Damage Claims - Agreed Price08/25/2006
06-08-19Premium Accounts When Insured is a Non-Resident of New York08/29/2006
06-08-20Insurance Coverage for Disabled Adult Children08/31/2006
06-09-01Fire Insurance Fee09/01/2006
06-09-02N.Y. Ins. Law ยง 3214(c) - Crediting Interest on Death Benefit Payments09/05/2006
06-09-03No-Fault - Reimbursement For Services Rendered By Independent Contractor Health Service Providers09/05/2006
06-09-04Referrals09/06/2006
06-09-05Funding Agreement Backed Securitization Program09/13/2006
06-09-06Statement of Guarantee/Doing an Insurance Business09/14/2006
06-09-07Credit Card Service Company - Withdrawn. See Chapter 723 of the Laws of 2023.09/15/2006
06-09-08Referrals09/15/2006
06-09-09Inducement to Purchase Insurance under 422409/18/2006
06-09-10Appropriate License to Sell Federal Immigration Bonds09/19/2006
06-09-11Rebates and Inducements09/19/2006
06-09-12Fiduciary Accounts09/20/2006
06-09-13Insurance Consultant Fees09/21/2006
06-09-14Insurance Broker Offering Free Services in Exchange for a Client's Health Insurance Business09/21/2006
06-09-15Insurance Law Section 422809/22/2006
06-09-16Applicability of Section 9101(b) of the Insurance Law with Regard to Calculating Excess Line Premium Taxes09/25/2006
06-09-17Ten Year Rule for Charities09/25/2006
06-09-18Exemption from Excess Line Tax and ELANY Stamping Fees09/26/2006
06-09-19Reinsurance Intermediary and Insurance Adjuster Licensing09/27/2006
06-09-20Viatical Settlements09/28/2006
06-09-21Licensing as an Independent Adjuster09/25/2006
06-09-22Proof of Mailing09/21/2006
06-10-01Independent Adjusters10/04/2006
06-10-02Utilization Review and the Prudent Lay Person Standard10/05/2006
06-10-03Professional Employer Organizations10/23/2006
06-10-04Deceased Insurance Broker10/24/2006
06-10-05Electronic Record Retention of No-Fault Insurance Claim Forms10/25/2006
06-10-06Health Maintenance Organizations, Electronic Retention of Records10/25/2006
06-10-07Amending Homeowners' Policy to Include a Windstorm Deductible10/25/2006
06-11-01Third Party Administrators11/02/2006
06-11-02Surcharge on Auto Insurance Premiums11/02/2006
06-11-03Alien Insurers11/02/2006
06-11-04Payment by Credit Card1102/2006
06-11-05Viatical Settlement Advertising11/06/2006
06-11-06Discrimination Coverage11/09/2006
06-11-07Electronic Filing of Claims1110/2006
06-11-08N.Y. Tax Law 11(c)(1)(C) Investments in "Start-Up Businesses"11/13/2006
06-11-09Insurer's Participation in the Medical Malpractice Insurance Pool1114/2006
06-11-10Fire Insurance Fee and Excess Line Insurance Companies11/14/2006
06-11-11Health Insurance Coverage for the Children of Employees11/15/2006
06-11-12Paying for Leads and Endorsements11/15/2006
06-11-13Personal Meeting Between the Insurance Producer and the Insured11/15/2006
06-11-14Sale of Medicare Supplement Insurance by Licensed Insurance Brokers11/15/2006
06-11-15Insurance Broker Licensing and Extended Reporting Period Coverage11/17/2006
06-11-16Certificates of Insurance11/17/2006
06-11-17Permissibility of Insurer Sending Claim Acknowledgment Notice Electronically11/17/2006
06-11-18Terrorism Risk Insurance Extension Act of 2005 and Agricultural Industry Exposure11/20/2006
06-11-19Disclosure of Insurance Broker's Commission Sharing Arrangement11/20/2006
06-11-20Broker Payments to Marketing Company for Referrals11/21/2006
06-11-21Communicating Directly with a Third Party Claimant Represented by Counsel11/21/2006
06-11-22Rental Vehicle Coverage for Diminution of Value and Administrative Fees11/22/2006
06-11-23Referral Fees to Unlicensed Entity11/29/2006
06-11-24Medical Examination for Life Insurance Application11/29/2006
06-11-25Ability of New York Cooperative Insurance Companies to Engage in Business in New York and Other States11/30/2006
06-12-01Unapproved Mold Exclusion in Purchasing Group Policy12/01/2006
06-12-02Identity Theft Recovery Program12/04/2006
06-12-03Withdrawn12/05/2006
06-12-04Rebates and Commission Sharing12/06/2006
06-12-05Raffles12/13/2006
06-12-06Fire Insurance Fee and the Meaning of the Word "Churches"12/14/2006
06-12-07Promotional Discounts N.Y. Ins. Law 2324 and 4224 (McKinney 2006)12/14/2006
06-12-08Nonpayment Cancellation-Installment Billings N.Y. Ins. Law 3425 (McKinney Supp. 2006)12/14/2006
06-12-09Workers' Compensation v. Health Insurance12/18/2006
06-12-10Sale of Annuities in New York12/18/2006
06-12-11Material Misrepresentation: Voiding/Rescission of Motor Vehicle Policy12/18/2006
06-12-123425(j)(1)(D) and a Private Right of Action12/18/2006
06-12-13Fraud Warning12/18/2006
06-12-14Insurance Agent Purchasing an Independent Adjuster12/20/2006
06-12-15Insurance Producer's Requirement to Return Commission12/20/2006
06-12-16No-Fault: Examination under Oath12/22/2006
06-12-17Prohibited Referral Payments to Insurance Agents or Employees by Motor Vehicle Glass Repairer12/22/2006
06-12-18Group Disability Insurance, New York Resident12/22/2006
06-12-19Broker Termination of Relationship with Insured12/27/2006
06-12-20Notification of Renewal Through Different Agent12/28/2006
06-12-21Proposal to Give Financial Incentives to Customers Who Obtain Title Insurance from Title Agent or Homeowners Insurance from Affiliate12/29/2006
06-12-22ERISA and Licensing of Independent Adjusters12/29/2006
06-12-23Insurance as a Membership benefit12/29/2006