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2009 Selected Opinions of the Office of General Counsel

2009 Selected Opinions of the Office of General Counsel

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Selected Opinions of the Office of General Counsel for the Year 2009

The selected opinions are listed in the table below in order of Opinion Number which represents the year, the month, and then the opinion number for the month. For example, in 09-01-03 the "09" represents 2009, the "01" represents January, and the "03" refers to the 3rd opinion for January 2009.

Opinion NumberSubjectDate Issued
09-01-01Electronic Delivery of Executed Insurance Policies via the Internet01/06/2009
09-01-02ABC Risk Retention Group, Inc.01/08/2009
09-01-03Premiums Received by Broker01/13/2009
09-01-04Employers' Trust for Health Insurance01/13/2009
09-01-05Circular Letter 26 (2008)01/13/2009
09-01-06Return of Unearned Premium from Producer-Canceled Assigned Risk Policy01/15/2009
09-01-07Proposed Retirement Asset Protection Policy01/13/2009
09-01-08Total Loss Protection Program01/13/2009
09-01-09Vacation Rental Lease Agreement - Cancellation Option01/16/2009
09-01-10Flexible Rating for Private Passenger Automobiles Predominantly Used for Business Purposes01/16/2009
09-01-11Investments in Federally Insured Credit Union by Co-operative Property /Casualty Insurance Companies01/16/2009
09-01-12Life Insurance Guaranty Corporation of New York (LIGCNY) Advertising01/26/2009
09-02-01Radiology Discounts02/02/2009
09-02-02Doing an Insurance Business02/02/2009
09-02-03Investments by Certified Capital Companies02/05/2009
09-02-04License to Broker Life Settlements in New York02/09/2009
09-02-05Health Insurance, Submission of Claims02/18/2009
09-02-06Frequency Rules for No-Fault Durable Medical Equipment Fee Schedule02/20/2009
09-02-07Application of Circular Letter No. 27 (2008) to Group Health Insurance Contracts Validly Issued by Out-of-State Insurer to Out-of-State Employer with New York Resident Employees02/23/2009
09-02-08Sharing Commissions with Non-Licensees02/23/2009
09-03-01Tuition Guarantee Plan Clarification03/02/2009
09-03-02Group medical malpractice insurance on an excess line basis03/02/2009
09-03-03Applicability of Insurance Law 3411 and Regulation 79 to For-Hire Vehicles03/02/2009
09-03-04Aggregate Limits03/06/2009
09-03-05Health Insurance, Coverage of Domestic Partner's Dependent03/16/2009
09-03-06Multiple Employer Welfare Association03/17/2009
09-03-07Recordkeeping Responsibilities for Licensed Insurance Agents03/17/2009
09-03-08Investments under Insurance Law 1402(b)(1) and 1404(a)(1)(A)03/19/2009
09-04-01Agent's Commission04/02/2009
09-04-02Applicability of Workers' Compensation Board Directive to Durable Medical Equipment Fee Schedule in No-Fault Claims04/06/2009
09-04-03Insurer's obligation to notify the insured's authorized agent of the insurer's nonrenewal of the policy04/08/2009
09-04-04Balance Billing by Health Care Providers04/13/2009
09-04-05Consolidated Omnibus Reconciliation Act (“COBRA”) Services and Third-Party Wellness Programs04/13/2009
09-04-06Group Insurance Policies Community Rated vs. Large Group04/15/2009
09-04-07Record Retention Requirements for New York Licensed Special Risk Insurers04/16/2009
09-04-08Stop-Loss Insurance, Prompt Claim Settlement04/17/2009
09-04-09Foreign Fire Insurance Premium Tax Funds04/17/2009
09-04-10Insurance Agency Offering Free Access to a Third-Party Online Vendor04/20/2009
09-04-11Payment of Referral Fees to Unlicensed Credit Union Employees04/22/2009
09-04-12Accident and Health Insurance and Work-related Injury04/22/2009
09-04-13Life Insurance Company Guaranty Corporation of New York Long-term care insurance04/29/2009
09-04-14Notice of Cancellation Sent Electronically04/22/2009
09-05-01Limit on Charges by Providers of Health Services Under the No-Fault Law05/15/2009
09-05-02Life Insurance Company Guaranty Corporation of New York Protection of Annuity Contract05/29/2009
09-05-03Requiring a Medicare-Eligible Employee to Enroll in Medicare Part B05/29/2009
09-05-04No-Fault Lost Wage Claim05/14/2009
09-06-01Waiver of Psychiatric Office Visit Fees06/03/2009
09-06-02Qualified Counterparty and Investment Limits Under New York Insurance Law Section 1410(f)06/03/2009
09-06-03Insurance producer's memorandum for consulting work06/04/2009
09-06-04Accident and Health Insurance and Work-Related Injury06/05/2009
09-06-05Discount Medical Plan06/09/2009
09-06-06Fire Insurance Fee and Businessowners Policies06/15/2009
09-06-07Independent Adjuster Licensing06/22/2009
09-06-08Interpreting the Amendments to Insurance Law 342006/23/2009
09-06-09Non-public Personal Health Information Sharing Among Affiliates06/23/2009
09-06-10Examinations Under Oath of Assignees06/24/2009
09-06-11Permissibility of Proposed Contingent Annuity Contracts06/25/2009
09-06-12Regulation 16406/26/2009
09-06-13Insurance Law 332 Assessments and State Paid Health Benefits06/10/2009
09-07-01Joint Venture/Title Insurance Agency07/07/2009
09-07-02Charitable Contributions07/15/2009
09-07-03Medical Membership Programs07/15/2009
09-07-04Total Loss Protection Program07/21/2009
09-07-05Health Insurance, Time Limit on Claim Submission07/22/2009
09-07-06Medigap and Exhaustion of Medicare Hospital Inpatient Coverage07/29/2009
09-07-07State entity-owned hospitals reporting of medical malpractice claims07/29/2009
09-07-08Title Insurance07/31/2009
09-07-09Insurers Providing Explanations of Benefit to Non-Participating Ophthalmologists07/31/2009
09-08-01Insurer In-House Counsel08/04/2009
09-08-02Acceptance of Third-Party Subpoena by the Superintendent08/05/2009
09-08-03Affiliated Company Loans and Investments08/07/2009
09-08-04Electronic Delivery of Insurance Policies08/07/2009
09-08-051033 Waivers08/11/2009
09-08-06Mail Order Exemptions08/13/2009
09-08-07Home and Auto Plan08/04/2009
09-08-08Public Construction Contract08/31/2009
09-09-01Service Contracts09/01/2009
09-09-02Commercial Insurance Policy Cancellation09/10/2009
09-09-03Loss Transfer Jurisdiction09/15/2009
09-09-04Determining Investment Limitations and Financial Condition Under N.Y. Ins. Law 140809/16/2009
09-09-05Proposed Discount Dental Service Plan09/23/2009
09-09-06N.Y. Ins. Law 1401(b) and Regulation 114 Trusts09/30/2009
09-10-01Questions Concerning the Fire Insurance Premium Tax and Fire Insurance Fee10/15/2009
09-10-02Proposed Services Agreement Providing Identity Protection and Credit Repair Services10/15/2009
09-10-03Policies Offered to Lender's and Insurance Law 910810/26/2009
09-10-04Permissibility and Effect of Obtaining Financial Guaranty Insurance to Support the Rating of Insurance Company Assets10/26/2009
09-11-01Proposed Medical Service Plan11/02/2009
09-11-02Cancellation of Insurance for Non-payment; Insured has Filed for Bankruptcy11/06/2009
09-11-03Cancellation of Workers' Compensation Insurance Policy11/12/2009
09-11-04Unauthorized Insurer Maintaining an Office in New York11/23/2009
09-11-05Limitations on No-Fault Attorney Fees11/30/2009
09-12-01Use of Debit Cards to Pay Property/Casualty Insurance Claims12/10/2009
09-12-02Dishonored Check12/15/2009
09-12-03Hurricane Deductibles in Policies Covering Owner-Occupied Condominium and Co-Operative Units12/21/2009
09-12-04Independent Insurance Agents Consent to Electronic Transactions12/22/2009
09-12-05Educational Lectures12/28/2009
09-12-06Refusal to Accept Cash Premium Payments12/29/2009