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2010 Selected Opinions of the Office of General Counsel

2010 Selected Opinions of the Office of General Counsel

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Selected Opinions of the Office of General Counsel for the Year 2010

The selected opinions are listed in the table below in order of Opinion Number, which represents the year, month, and order posted. For example, in 10-01-01 the "10" represents 2010, the "01" represents January, and the "01" refers to the 1st opinion for January 2010.

Opinion NumberSubjectDate Issued
10-01-01Prelicensing Course Exemption for Work Experience01/04/2010
10-01-02Insurer Use of Fictitious Name When Adjusting Claims on behalf of Other Insurers01/05/2010
10-01-03Partial Insurance Agency Ownership by Automobile Club Subsidiary01/06/2010
10-01-04Determining Principally Headquartered Under N.Y. Ins. Law 3426(l)(1) Where Insurer Issues Policy Covering Multiple-Affiliated Corporate Entities01/13/2010
10-01-05Terminated agent and 3425 Covered Policy of Personal Lines Insurance01/19/2010
10-01-06Reinsurance Intermediaries Acting Outside of New York01/19/2010
10-01-07Premium Due Date and Late Fees01/20/2010
10-01-08Insurance Producers Receiving Compensation for Hyperlink Clicks01/26/2010
10-01-09Clarification of the Term Personal Injury as Used in the Amendments to N.Y. Ins. Law 342001/28/2010
10-01-10XYZ Boiler Inspection and Insurance Company Risk Retention Group01/29/2010
10-02-01Selling and Assigning a Beneficial Interest in a Trust that Owns Life Insurance Policies02/09/2010
10-02-02Group Health Insurance02/10/2010
10-02-03Gap Waiver02/12/2010
10-02-04Applicability of Insurance Law 4224(c) to Health Maintenance Organizations02/12/2010
10-02-05BOCES Wholly-owned Insurance Broker02/12/2010
10-02-06Travel Insurance02/23/2010
10-02-07Premium Financed Policies: Pro-Rata Refund02/23/2010
10-02-08Gap Waivers02/16/2010
10-03-01Reconsideration of OGC Opinion No. 09-12-06: Refusal to Accept Cash Premium Payments03/10/2010
10-03-02Prior Approval of Reinsurance Agreement03/05/2010
10-03-03Licensing Requirements for Prepaid Medical Services Plans03/16/2010
10-04-01Blanket Accident and Health Insurance Policy04/21/2010
10-04-02Wellness Talks and an Annual Health Fair04/26/2010
10-04-03Applicability of Article 1504/30/2010
10-05-01Appearance Allowances Prohibited05/10/2010
10-06-01Regulation 194 Disclosure06/02/2010
10-06-02Licensing of Third Party Administrators06/03/2010
10-06-03HMO Commissions to Brokers06/03/2010
10-06-04Soliciting on Behalf of Charity and Donating Commissions06/04/2010
10-06-05New York State Health Care Reform Act (HCRA) Surcharges06/16/2010
10-06-06Municipality Waiver of Ambulance Co-Payment, Co-Insurance or Deductible for Residents06/29/2010
10-06-07Technology Firm as a Life Settlement Intermediary06/30/2010
10-06-08Deductibles for Automobile Physical Damage Insurance Policies06/03/2010
10-08-01Excess Insurance for Workers’ Compensation Self-Insurance Plans08/04/2010
10-08-02Minimum Capital/Minimum Surplus to Policyholders Investments and Permitted Reserve Investments of a Domestic Property/Casualty Insurer08/04/2010
10-08-03Life Settlement Broker Disclosure Requirements08/05/2010
10-09-01Insurance Producers Using an Alternate Title09/07/2010
10-09-02Unlawful Inducements09/07/2010
10-09-03Inspection Fees Charged by Managing General Agents09/07/2010
10-09-04Opinion Withdrawn 
10-09-05Accrual of Interest on Overdue No-Fault Claims09/14/2010
10-09-06Producer Compensation Transparency and Regulation 19409/14/2010
10-09-07Investments in Federally Insured Certificates of Deposit by a Co-operative Property/Casualty Insurance Company09/17/2010
10-09-08Compliance Requirements of Insurance Law § 6402 and Notification to the New York State Insurance Department Regarding Board of Directors Membership Changes09/17/2010
10-09-09Liability Insurance for Establishments Licensed to Sell Liquor at Retail for Consumption on the Premises09/21/2010
10-09-10Commission Sharing09/27/2010
10-09-11Inflation-Guard Endorsements - Protection Against Inflation09/27/2010
10-09-12Certificate of Insurance09/27/2010
10-09-13Rebates09/29/2010
10-09-14Reporting of Fees on Dental Benefit Plan Claim Forms09/30/2010
10-09-15Records Retention In Electronic Media09/30/2010
10-10-01Canadian Life Settlements10/21/2010
10-11-01Disclosure of Compensation Paid to Employees or Sublicensees11/04/2010
10-11-02Total Loss Protection and Vehicle Loss Assist Policies11/15/2010
10-11-03Paintless Dent Repair Membership Program11/15/2010
10-11-04Applicability of Article 78 of the Insurance Law11/16/2010
10-11-05Personal Lines Policy: Calculation of Return Premium on a Short-Rate Basis11/18/2010
10-11-06Amendment to Policy Issued in Free Trade Zone: Applicable Notice Requirements11/19/2010
10-11-07Life Insurance Company Guaranty Corporation of New York Linked-In Website as Advertising Vehicle11/22/2010
10-11-08Anti-Arson Application Withdrawn October 16, 2025.  See Chapter 439 of the Laws of 2025.11/22/2010
10-11-09Doing an Insurance Business11/23/2010
10-11-10Referral Fees11/24/2010
10-11-11Sample Term Life Insurance Premium Quotes Provided on an Agents Internet Website11/24/2010
10-11-12Coverage for a Lost or Stolen Item11/24/2010
10-11-13Insurer Audits of Non-Participating Providers11/29/2010
10-11-14Retaliatory Tax Refund11/02/2010
10-11-15Earned Commissions on Bail Bonds11/23/2010
10-11-16Amendment to ACORD forms11/22/2010
10-12-01Rate and Form Deviations12/02/2010
10-12-02Second Medical Opinion Service Offered by a Life Insurer12/03/2010
10-12-03Defining Enteral Formula12/03/2010
10-12-04No-Fault Lost Wages12/03/2010
10-12-05Specialty Bill Review12/06/2010
10-12-06Commission Sharing on Sale of Long Term Care Insurance12/06/2010
10-12-07New York Independent Adjusters License12/06/2010
10-12-08Captive Insurer12/06/2010
10-12-09Permissibility of Proposed Discount Dental Program12/08/2010
10-12-10Repatriation and Funeral Contracts12/09/2010
10-12-11Choice of Law for Life Settlements12/15/2010
10-12-12Application of Regulation 19412/15/2010
10-12-13Insurance Producer Compensation Disclosure12/16/2010
10-12-14XYZ, Inc. (d/b/a XYZ Purchasing Group) - Proposed Identity Theft Purchasing Group Insurance Program12/30/2010
10-12-15Employer Sponsored Group Health Insurance, Waiver of Coverage12/31/2010
10-12-16Prohibited Referral Payments to Insurance Agents or Employees by a Motor Vehicle Glass Repair12/31/2010
10-12-17Payment of Health Insurance Claims12/22/2010