Selected Opinions of The Office of General Counsel For The Year of 2008

  • The selected opinions are listed in the table below in Opinion Number order.
  • There are three columns. The column headings are Opinion Number, Subject and Date Issued.
  • The Opinion Number represents the year, the month, and then the order posted. For example, in 06-04-15 the "06" represents 2006, the "04" represents April, and the "15" refers to the 15th opinion for April 2006. Opinions within a particular month are not necessarily in chronological order.
  • Each opinion title under Subject is a link to the actual opinion.
  • Date Issued is displayed in mm/dd/yyyy format.
  • You can "jump" to a particular month using the month navigation link set after (below) this sentence.

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

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)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 policy04/03/2008
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 their 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 Rescinded		12/30/2008
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