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2008 Selected Opinions of the Office of General Counsel

2008 Selected Opinions of the Office of General Counsel

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Selected Opinions of the Office of General Counsel for the Year 2008

Opinions are listed in the table below in order of Opinion Number which represents the year, the month, and the opinion number for that month. For example, in 08-02-05 the "08" represents 2008, the "02" represents February, and the "05" refers to the 5th opinion of February 2008.

Opinion NumberSubjectDate Issued
08-01-01Guaranteed Price Refund Agreement01/03/2008
08-01-02Utilization Review Timelines01/04/2008
08-01-03Advertisements of Insurance Agents or Brokers01/07/2008
08-01-04Insurance Agency or Brokerage Firm Placing an Advertisement with an Insured Client01/10/2008
08-01-05Lawyers' Professional Liability Policies01/25/2008
08-01-06Anti-Money Laundering Program of Life Insurers01/25/2008
08-01-07Workers' Compensation Agent Termination01/28/2008
08-01-08HMO as No-Fault Subrogee01/28/2008
08-01-09Licensed Agent Opening Insurance Agency01/28/2008
08-01-10Update on Broker Disclosure of Fixed Commission and Other Compensation01/30/2008
08-01-11Home Equity Protection Plan Proposal01/30/2008
08-01-12Licensure Requirement for Insurance Consulting01/31/2008
08-02-01Provision of Managed Behavioral Healthcare Licensing and Other Requirements02/01/2008
08-02-02Permissible Drivers Under Personal Automobile Insurance Policy02/07/2008
08-02-03Obtaining Renewal Commissions from Insurer02/07/2008
08-02-04Insurance Company Reserves02/07/2008
08-02-05Licensing Requirements for Discount Dental Plans02/08/2008
08-02-06New York State Guaranty Fund for Annuities and Life Insurance02/11/2008
08-02-07Age-based and Tenure-Based Exceptions to Non-Renewal02/20/2008
08-02-08Warranty vs. Insurance02/21/2008
08-02-09Applicability of Insurance Law 3425(d)(1) to expiration of Original Equipment Manufactured ("OEM") Coverage on a Non-Commercial Automobile Insurance Policy02/22/2008
08-02-10Terrorism Risk Insurance Policyholder Disclosure Notice02/25/2008
08-02-11Proposed Electronic Premium Payment System02/25/2008
08-03-01Insurance Department's Requirements for Reporting Administrative Actions Against Insurance Producers03/04/2008
08-03-02Workers' Compensation03/04/2008
08-03-03Short Term Disability Policies, Benefit Payments to Insured03/05/2008
08-03-04Small Employer Group Health Insurance03/05/2008
08-03-05Reporting of Medical Malpractice Claims03/07/2008
08-03-06Insolvent Health Maintenance Organization, Liability of Subscriber03/11/2008
08-03-07Gap Insurance and Financed Motor Vehicles03/11/2008
08-03-08Referrals of Potential Insureds by Clients to an Insurance Agency03/12/2008
08-03-09Names of Insurers in Advertisements03/12/2008
08-03-10Workers' Compensation Claims Adjuster Conflict of Interest03/12/2008
08-03-11Transferability of Service Contracts03/13/2008
08-03-12Preferred Provider Organization03/13/2008
08-03-13Total Loss Protection Program03/19/2008
08-03-14Identity Theft Insurance03/19/2008
08-03-15Service Contracts issued by ABC Energy Services - Applicability of Article 79 Financial Responsibility Requirements03/20/2008
08-03-16Expense Allowance Limitations for Life Insurance Agents and Brokers03/21/2008
08-03-17Retroactive Application of Regulation 4103/25/2008
08-03-18What Constitutes a Rebate by an Automobile Collision Repair Facility?03/26/2008
08-03-19Health Insurance, Balance Billing03/27/2008
08-03-20Gap Waivers and Gap Insurance03/27/2008
08-04-01Auto Repair Discount Certificate04/01/2008
08-04-02Office of General Counsel Opinion Number 06-08-13 (08/17/2006 with the subject “Service contract road hazard coverage)04/01/2008
08-04-03Consulting Fee Agreement04/01//2008
08-04-04Health Insurance, Waiver of Deductibles and Co-Insurance04/02/2008
08-04-05Online Insurance Policy Delivery System04/02/2008
08-04-06Attorney Retainer Agreement04/03/2008
08-04-07ABC Insurance Association Inquiry - An Insured's Use of a Credit Card to Pay the Premium on an Insurance Policy - Withdrawn as to conclusion #2.  See Chapter 723 of the Laws of 2023.04/03/2008
08-04-08Reproduction Cost of a Magnetic Resonance Imaging (MRI) Film Necessary to Verify a No-Fault Insurance Claim04/04/2008
08-04-09Required Level of Flood Insurance for a Mortgage04/07/2008
08-04-10Foreign Fire Tax Proceeds04/07/2008
08-04-11Insurance Sub-producers04/07/2008
08-04-12"Accident" Coverage Endorsement to a General Liability Policy04/07/2008
08-04-13Calculation of a Financed Insurance Policy Return Premium04/07/2008
08-04-14Agent Licensing of Marketing Representatives04/08/2008
08-04-15Health Insurance Coverage for Newborns04/08/2008
08-04-16Provider Billing Patient Directly Where the Patient Executed an Assignment of No-Fault Benefits Form04/08/2008
08-04-17Mortgage Tax Guarantee04/09/2008
08-04-18Paintless Dent Repair and Other Aftermarket Programs04/09/2008
08-04-19Medicare Supplement Policies: Insurance Company and its Agents' Use of Ratings Reports in Sales Presentations04/11/2008
08-04-20Medicare Part D, Insurer Licensing04/14/2008
08-04-21Third Party Administrators04/15/2008
08-04-22Gap waivers by National Banks04/15/2008
08-04-23Binding Rate Guarantees04/14/2008
08-04-24Premium Audits of Policies Issued on Risks Located Outside of this State04/16/2008
08-04-25Payment by Insurance Broker of Referral Fees to Non-Licensees04/17/2008
08-04-26Family Health Plus04/17/2008
08-04-27Application of Regulation 30 to Health Insurers04/18/2008
08-04-28Construction Company Acting as a Public Adjuster04/22/2008
08-04-29Selling Travel Insurance04/23/2008
08-04-301033 Waiver Pursuant to 18 U.S.C. § 103304/23/2008
08-04-311033 Waiver04/23/2008
08-04-32Minimum Period of Enrollment Requirements for Continuation Coverage04/23/2008
08-04-33Hospital Balance Billing04/25/2008
08-04-34Individual Health Insurance, Replacement04/25/2008
08-04-35Radio and Internet Advertisements of Insurance Agents and Brokers04/28/2008
08-04-36Applicability of the “Two Percent Rule” to Commercial Lines Insurance04/29/2008
08-04-37Premium Finance Agency04/29/2008
08-04-38DRG Medical Implants and No-Fault Insurance Reimbursement04/30/2008
08-04-39Warranty vs. Insurance04/30/2008
08-05-01Director and Officer Liability Insurance05/02/2008
08-05-02Insurable Interest Requirement (Life Insurance)05/06/2008
08-05-03Agency Ownership05/06/2008
08-05-04Conditional Renewal Notice Based on Increased Premium on E & O Liability Insurance Policy05/08/2008
08-05-05Rebating Inquiry; Commissions for Health Insurance05/13/2008
08-05-06Superintendent's Discretion to Approve Repayment of Surplus Notes05/13/2008
08-05-07Insurer Designating a Contractor to Repair, Rebuild or Replace05/16/2008
08-05-08Post-Mastectomy Breast Reconstruction Surgery Mandate05/19/2008
08-05-09Health Insurance, Submission of Claims05/20/2008
08-05-10Cancellation of Vehicle-for-Hire Insurance Policy Pursuant to Premium Finance Agency's Request05/21/2008
08-05-11Mortgage Note Language05/23/2008
08-05-12Business Card/Office Consolidation05/30/2008
08-05-13Certificates of Insurance05/30/2008
08-05-14Usual and Customary or Reasonable Fees for Health Insurance Reimbursements05/30/2008
08-05-15ABC Insurance Company - "Wireless Protector" Program05/30/2008
08-05-16Utilization Review of Chiropractic Services05/30/2008
08-05-17No-Fault Insurance Policy Additional Personal Injury Protections05/15/2008
08-06-01NF-2 Submission Timeframe06/02/2008
08-06-02New York Medical Professional Liability Insurance06/04/2008
08-06-03Emergency Department Treatment06/04/2008
08-06-04Continuation Right, Group Health Insurance; Electronic Storage of Protected Health Information06/06/2008
08-06-05Rebates - Gift Cards06/10/2008
08-06-06Application of New York Insurance Law § 3425(f) and (o) to a Run-Off Company06/10/2008
08-06-07Post-Mastectomy Breast Reconstruction Surgery Mandate06/16/2008
08-06-08Life Settlements06/16/2008
08-06-09Domestic Partner Coverage06/17/2008
08-06-10Application of Insurance Law 3224-a to the Retroactive Payment of Adjusted Diagnosis Related Group Rates06/18/2008
08-06-11Electronic Commerce Pursuant to Insurance Law § 661106/25/2008
08-06-12Dent Armor Protection Plan06/30/2008
08-06-13Retention of Insurance Declaration Pages06/12/2008
New! 08-06-14Proposed Collateral Program06/18/2008
08-07-01Property Damage Release07/01/2008
08-07-02Recovery Under an Automobile Insurance Policy for Loss of Fetus07/01/2008
08-07-03Live Organ Donations, Insurance Implications07/09/2008
08-07-04Non-network Hospital Emergency Treatment07/10/2008
08-07-05Auto Repair Discount07/10/2008
08-07-06Required Specific Language for § 2119 Agreement07/14/2008
08-07-07Emergency Treatment07/15/2008
08-07-08Health Information Privacy07/15/2008
08-07-09Insurer Payment Obligation Under Collision Coverage07/16/2008
08-07-10Restoration Company's Payment of Referral Fees to Insurance Agent or Broker07/16/2008
08-07-11Insurance Law 2119 fee Agreement for Consulting Services07/16/2008
08-07-12Mental Health Professionals as Covered Providers07/16/2008
08-07-13Gross Unearned Premium07/17/2008
08-07-14Excess lines Broker Promotion07/21/2008
08-07-15Assumption Reinsurance/Novation07/21/2008
08-07-16Disapproval of a Loss History Rating Plan as an Experience Rating Plan07/21/2008
08-07-17Names of Insurers in Advertisements07/21/2008
08-07-18Post-Mastectomy Breast Reconstruction Surgery Mandate07/22/2008
08-07-19Third Party Administrator07/25/2008
08-07-20Usual and Customary or Reasonable Rates for Ambulance Services07/28/2008
08-07-21Section 2119 Memorandum by Premium Finance Arranger07/28/2008
08-07-22Assessment Clause in Construction Project Contract07/28/2008
08-07-23Commercial Auto Liability Exclusion07/28/2008
08-07-24Independent Adjuster License07/29/2008
08-07-25Premium Installment Fees07/30/2008
08-07-26Wellness Program Offer on Insurance Broker’s Website07/30/2008
08-07-27Profit Sharing and Ownership of an Insurance Agent Organized as an LLC07/31/2008
08-07-28No-Fault Medical Fees After Exhaustion of Benefits07/30/2008
08-07-29No-Fault Deductible07/30/2008
08-07-30Ambulance Subscription/Membership Plans07/7/2008
08-07-31Home Equity Protection Plan Proposal07/16/2008
08-08-01Charitable Annuity Society - Special Permit and Reserve Requirements08/01/2008
08-08-02United States Customs Bonds08/04/2008
08-08-03Application of Ground Rule 8 of the New York State Workers' Compensation Radiology Fee Schedule to the Reproduction Cost of a Magnetic Resonance Imaging (MRI) Film Necessary to Determine Whether a "Serious Injury" Exists08/25/2008
08-08-04Health Insurance, Pre-Certification08/25/2008
08-08-05Charitable Entity Consultant08/26/2008
08-08-06Commercial Motor Vehicle Liability Policies to Out-of-State Residents08/26/2008
08-08-07Advertisements08/26/2008
08-08-08Public Adjuster Communicating with Insurer Represented by Counsel08/26/2008
08-08-09Placement of Punitive Damages Insurance Coverage in the Excess Line Market08/27/2008
08-08-10Jane Doe Protection Program Agreement08/27/2008
08-09-01Group Health Insurance, Eligibility for HMO Coverage09/03/2008
08-09-02Cancellation of Homeowner’s Insurance Policy Based Upon Impending Foreclosure Action09/10/2008
08-09-03Claims Administrator as Independent Adjusters09/17/2008
08-09-04Group Health Insurance, Continuation Period09/17/2008
08-09-05Record Retention Requirements for Insurance Policies09/19/2008
08-09-06Gifts From Producers09/22/2008
08-09-07Insurance broker charging a flat fee in lieu of receiving a commission09/22/2008
08-09-08Refusal of Insurance Company to Accept a Physician as an In-Network Provider09/23/2008
08-09-09Names of insurers in advertisements09/24/2008
08-09-10Rider to Medicare supplement prescription drug benefit plan09/24/2008
08-09-11Continuation of Health Insurance Coverage for Employees Having Other Coverage in Effect Prior to Termination09/24/2008
08-09-12Licensed bail bond agent conducting non-bail bond business09/26/2008
08-09-13Minimum Earned Premiums on General Liability Policies09/29/2008
08-09-14Life Settlements, Insurance Department Licensing09/29/2008
08-09-15Public Adjuster Ownership of Construction Company09/29/2008
08-10-01Group Health Insurance, Employee-Employer Groups10/06/2008
08-10-02Reinsurance by a Risk Pooling Trust of a New York Authorized Property/Casualty Insurer10/06/2008
08-10-03Group Accident & Health Insurance10/06/2008
08-10-04Down Payment for Personal Automobile Insurance10/10/2008
08-10-05Applicability of Employee Retirement Income Security Act (ERISA), Self-Funded Association Groups10/14/2008
08-10-06Post-Mastectomy Breast Reconstruction Surgery Mandate10/16/2008
08-10-07Duty to Defend – Directors’ and Officers’ Policies10/16/2008
08-10-08Self-Funded Benefit Plan, Claims Funding Arrangement10/27/2008
08-10-09Regulation 114 Trust Assets10/27/2008
08-10-10No-Fault Lost Earnings Claim10/27/2008
08-10-11Privacy of consumer's nonpublic personal financial information10/29/2008
08-10-12Replacement cost; payment on an "estimated claim"10/29/2008
08-10-13Calculation of total loss payments upon automobiles’ title transfer fees and sales tax10/30/2008
08-10-14ABC, Inc. - Independent Adjuster License10/27/2008
08-11-01Community-Rated HMO's Right to Decrease Premiums11/13/2008
08-11-02Health Insurance, Non-Community Rated Groups11/17/2008
08-11-03Life Insurance Company Guaranty Corporation of New York11/18/2008
08-11-04Nonrenewal of Commercial Insurance Policies11/18/2008
08-11-05Health Insurance for Same-Sex Spouses in Legal Out-of-State Marriages11/21/2008
08-11-06Vehicle Purchase Option11/25/2008
08-11-07Proposed Capital Markets Securities Transaction11/25/2008
08-11-08Life Settlements11/26/2008
08-11-09ABC's Tuition Guarantee Plan11/19/2008
08-12-01Clarification of OGC Opinion Number 08-04-07 (04/03/2008) regarding an insured's use of a credit card to pay the premium on an insurance policy12/17/2008
08-12-02Bid Credits for Change Order12/18/2008
08-12-03Sale of Optional Insurance Coverage with Credit Card12/19/2008
08-12-04Settlement of No-Fault cases12/26/2008
08-12-05Application of Circular Letter No. 27 (2008) to Group Long-Term Disability, Group Short-Term Disability, and Group Term Life Insurance12/29/2008
08-12-06Life Insurance Independent Adjuster License12/30/2008
08-12-07New York State Health Care Reform Act (HCRA) Surcharges | Withdrawn and Rescinded12/30/2008
08-12-08Treatment of Collateral Held by an Insurer in Liquidation or Rehabilitation12/31/2008
08-12-09Notice of Rights Letter and Collision Coverage12/31/2008