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

  • Selected opinions are listed in the table below in order of Opinion Number.
  • Opinion Numbers represent the year, the month, and order, for example, in 06-04-15 the "06" represents 2006, "04" represents April, and "15" refers to the 15th opinion issued in April 2006. Opinions within a particular month are not necessarily in chronological order.

You can "jump" to a particular month using the monthly navigation link below:

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Opinion NumberSubjectDate Issued
06-01-01Independent Adjuster Activities01/03/2006
06-01-02Applicability of New York State Insurance Law 9110 to Semi-trailers.01/03/2006
06-01-03Broker Retention of Records01/04/2006
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 Funds.01/06/2006
06-01-10Use of Social Security Number to Obtain Insurance Quote01/09/2006
06-01-11Broker of Record Letters.01/09/2006
06-01-12Validity of a Nonpayment Cancellation Notice.01/09/2006
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 Company.01/11/2006
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 Broker.0113/2006
06-01-20Licensed Insurance Adjuster01/17/2006
06-01-213425(j) and Agency Termination01/19/2006
06-01-22Independent Adjuster License01/20/2006
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 Coverage.02/01/2006
06-02-02Credit Card Transaction Fee02/02/2006
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 Application02/07/2006
06-02-06Insurance Agents Donating Profits to Charities.02/07/2006
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 York.02/06/2006
06-02-10Statutory Deposit Requirement02/10/2006
06-02-11ACORD Agreement.02/15/2006
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
06-03-01Licensing 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 Placement.03/13/2006
06-03-09Circular Letter No. 6 (2005) and Certificates of Insurance.03/15/2006
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 Insurance.03/24/2006
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 Groups.03/28/2006
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 Brokers.04/03/2006
06-04-03Motor vehicle enforcement fee and grounds for cancellation04/04/2006
06-04-04Use of Sweep Account for Premium Funds; Account Interest.04/04/2006
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 Claims.04/11/2006
06-04-11Execution of 1035 Exchange by a Former Life Insurance Agent.04/11/2006
06-04-12Risk retention groups and motor vehicle financial responsibility insurance04/17/2006
06-04-13Cooperatives and Group Property/Casualty Insurance.04/17/2006
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 4223.06/05/2006
06-06-02Payment for Emergency Ambulance Services.06/07/2006
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 Insurers.06/30/2006
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 losses.07/10/2006
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 Disorders.08/03/2006
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
06-08-16Employee 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 the 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 § 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
06-09-05Funding Agreement Backed Securitization Program09/13/2006
06-09-06Statement of guarantee/doing an insurance business09/14/2006
06-09-07Credit Card Service Company09/15/2006
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 deductible.10/25/2006
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 Pool ("Pool")1114/2006
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 endorsements.11/15/2006
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
06-12-04Rebates and Commission Sharing12/06/2006
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