Selected Opinions of The Office of General Counsel For The Year of 2010

  • 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
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
10-11-08

Anti-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