Selected Opinions of The Office of General Counsel For The Year of 2009

  • 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
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
   
09-02-01Radiology 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 NY 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 NY 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