Selected Opinions of The Office of General Counsel for the Year 2006

Selected opinions are listed in the table below in order of Opinion Number.
Opinion Numbers represent the year, the month, and order, for example, in 06-04-15 the "06" represents 2006, "04" represents April, and "15" refers to the 15th opinion issued in April 2006. Opinions within a particular month are not necessarily in chronological order.

You can "jump" to a particular month using the monthly navigation link below:

Opinion Number	Subject	Date Issued
06-01-01	Independent Adjuster Activities	01/03/2006
06-01-02	Applicability of New York State Insurance Law 9110 to Semi-trailers.	01/03/2006
06-01-03	Broker Retention of Records	01/04/2006
06-01-04	Raffles	01/04/2006
06-01-05	Reinsurance - Percentage of Risks Retained by Ceding Insurer	01/04/2006
06-01-06	Sale of Insurance to Residents of New York	01/04/2006
06-01-07	Group Health Insurance: Coordination of Benefits	01/05/2006
06-01-08	Employee Retirement Income Security Act (ERISA), Multiple Employer Welfare Arrangement (MEWA)	01/06/2006
06-01-09	Use of Sweep Account for Premium Funds.	01/06/2006
06-01-10	Use of Social Security Number to Obtain Insurance Quote	01/09/2006
06-01-11	Broker of Record Letters.	01/09/2006
06-01-12	Validity of a Nonpayment Cancellation Notice.	01/09/2006
06-01-13	Sharing Commissions Limited Liability Company	01/10/2006
06-01-14	Limits on Compensation for Referrals	01/10/2006
06-01-15	Broker Estate	01/11/2006
06-01-16	Insurance Broker Employees as Sub-licensees of a Limited Liability Company.	01/11/2006
06-01-17	Insurance covering fuel oil dealer agreements providing coverage for consequential clean-up cost	01/12/2006
06-01-18	Clarification of OGC Opinion 9/30/2005; service contracts and loss from external causes	01/12/2006
06-01-19	Placement of Business with an Unauthorized Alien Insurer through an Excess Line Broker.	0113/2006
06-01-20	Licensed Insurance Adjuster	01/17/2006
06-01-21	3425(j) and Agency Termination	01/19/2006
06-01-22	Independent Adjuster License	01/20/2006
06-01-23	MGA Licensing and Registration	01/23/2006
06-01-24	Insurance Agent's Proposed Contest -- N.Y. Ins. Law 4224(c) and 2324(a).	01/24/2006
06-01-25	Health Insurance, Broker's Services	01/24/2006
06-01-26	Admission to New York as a Financial Guarantee Insurer	01/31/2006
06-01-27	Agency Advertisement	01/11/2006

06-02-01	Regulation 121 Tail Coverage.	02/01/2006
06-02-02	Credit Card Transaction Fee	02/02/2006
06-02-03	Applicability of N.Y. Ins. Law 4232(b) to Traditional Participating Life Policies	02/03/2006
06-02-04	Applicability of Regulation 60 to Subsequent Transfers of Funds	02/07/2006
06-02-05	Anti-arson Application	02/07/2006
06-02-06	Insurance Agents Donating Profits to Charities.	02/07/2006
06-02-07	Termination of Producer-Insurer Contract Non-Renewal of Automobile Insurance	02/08/2006
06-02-08	No-Fault Explanation of Benefits	02/09/2006
06-02-09	Licensing as an Independent Adjuster in New York.	02/06/2006
06-02-10	Statutory Deposit Requirement	02/10/2006
06-02-11	ACORD Agreement.	02/15/2006
06-02-12	Take-out credit program producer commissions	02/15/2006
06-02-13	Raffle in Context of Customer Referrals	02/16/2006
06-02-14	Rebates, Commission Sharing and Referrals	02/16/2006
06-02-15	Surcharge of an Insured's Premium for Non-commercial Motor Vehicle Liability Insurance	02/17/2006
06-02-16	Obligations of American Institutions, N.Y. Ins. Law 1404(a)(2)	02/17/2006
06-02-17	Electronic Verification of Insurance System	02/17/2006
06-02-18	Agency Appointment	02/21/2006
06-02-19	Definition of "Any One Risk"	02/21/2006
06-02-20	Charitable Gift Annuities	02/24/2006
06-02-21	Referrals	02/08/2006

06-03-01	Licensing Requirement for Foreign Call Centers Offering Insurance Quotes	03/02/2006
06-03-02	Employee Benefit Statements	03/02/2006
06-03-03	Non-public Construction Project Assessments	03/08/2006
06-03-04	Sale of tire and rim service plans	03/08/2006
06-03-05	Insurance Coverage for Criminal Acts	03/08/2006
06-03-06	Referrals for Trade Associations	03/09/2006
06-03-07	Refund of a Consulting Fee	03/13/2006
06-03-08	Excess Line Placement.	03/13/2006
06-03-09	Circular Letter No. 6 (2005) and Certificates of Insurance.	03/15/2006
06-03-11	Additional Service Fee Information	03/16/2006
06-03-12	Insurable Interest of an Indian Tribe in its Members	03/16/2006
06-03-13	Conditional Renewal Notice - Adding Coverage and Changing The Premium	03/17/2006
06-03-14	Agency Contracts	03/20/2006
06-03-15	Non-resident insurance agent reciprocity	03/22/2006
06-03-16	Insurance Broker Charging Separate Fees for Placing Insurance.	03/24/2006
06-03-17	Consumer Complaint Log Under Regulation 64	03/28/2006
06-03-18	Entities and Their Employees That Adjust Claims on Behalf of Self-Insurers and Self-Insurance Groups.	03/28/2006
06-03-19	Out of State Rim and Tire Programs	03/31/2006

06-04-01	Disabled Dependent's Entitlement to Conversion Benefits after Exhaustion of Continuation Rights When Dependent is Covered by Medicare	04/03/2006
06-05-01		05/0/2006
06-04-02	Record Retention in a "Durable Medium" by Insurance Agents, Insurance Brokers and Excess Line Brokers.	04/03/2006
06-04-03	Motor vehicle enforcement fee and grounds for cancellation	04/04/2006
06-04-04	Use of Sweep Account for Premium Funds; Account Interest.	04/04/2006
06-04-05	Circular Letter No. 6 (2005) and Policy Issued to a Broker/Dealer and its Registered Representatives	04/04/2006
06-04-06	Attorney Exception to Independent Adjuster License	04/05/2006
06-04-07	Circular Letter No. 6 (2005) and Nonresidents	04/05/2006
06-04-08	Group Property Policy	04/04/2006
06-04-09	California Insurance Policy Covers NY Risk	04/05/2006
06-04-10	Adjusting Workers" Compensation Claims.	04/11/2006
06-04-11	Execution of 1035 Exchange by a Former Life Insurance Agent.	04/11/2006
06-04-12	Risk retention groups and motor vehicle financial responsibility insurance	04/17/2006
06-04-13	Cooperatives and Group Property/Casualty Insurance.	04/17/2006
06-04-14	License status of property/casualty agency employees	04/18/2006
06-04-15	Referrals and promotions	04/25/2006
06-04-16	Department Regulation 154 - Homeowners Policies	04/26/2006

06-05-01	Promotional Discounts N.Y. Ins. Law 2324 (McKinney Supp. 2006)	05/01/2006
06-05-02	Certificates of Insurance	05/09/2006
06-05-03	Furriers Block Insurance Referrals of Potential Insureds by Non-Licensees to an Insurance Agency	05/09/2006
06-05-04	Director's and Officers Liability Insurance and Legal Services Insurance	05/09/2006
06-05-05	Mortgagee's Requirement That Buyers Obtain Homeowner's Insurance Covering The Amount Of The Mortgage	05/10/2006
06-05-06	Tire and Rim Elite Extended Service Contract/Application	05/12/2006
06-05-07	No-Fault Assignment	05/12/2006
06-05-08	Title Insurance Agent Corporation; Licensing Inquiry	05/16/2006
06-05-09	Advertising/Quote Incentives	05/17/2006
06-05-10	Policy or contract and company comparisons in sale and replacement of life insurance and annuities	05/30/2006
06-05-11	Non-resident agent's premium account in New York State	05/30/2006
06-05-12	Dishonored premium checks and sweep accounts	05/30/2006

06-06-01	Treatment of Government Plans Under N.Y. Ins. Law 4223.	06/05/2006
06-06-02	Payment for Emergency Ambulance Services.	06/07/2006
06-06-03	Interest payments on No-Fault claims: General Counsel Opinion 02-07-22	06/08/2006
06-06-04	Windstorm Insurance	06/08/2006
06-06-05	Non-payment cancellation based on dishonored premium checks in sweep accounts	06/15/2006
06-06-06	Modification of Commercial General Liability Insurance Policy	06/16/2006
06-06-07	Fraud Warning	06/20/2006
06-06-08	Adjuster Licensing	06/20/2006
06-06-09	Interpretation of Regulation 64	06/20/2006
06-06-10	Association Health Insurance	06/22/2006
06-06-11	Insurance Agent Donating Profits to Charities	06/28/2006
06-06-12	Insurers and Their Employees That Adjust Workers" Compensation Claims for Affiliated Insurers.	06/30/2006
06-06-13	Referral Fees	06/28/2006

06-07-01	Broker fees and insurance policy payments	07/05/2006
06-07-02	Return Premium to Premium Finance Company	07/05/2006
06-07-03	Circular Letter No. 6 (2005) and group aggregate limits	07/06/2006
06-07-04	Restoration company paying part of insured's deductible and an insurer forcing an insured to use specific contractors	07/10/2006
06-07-05	"Significant Other"	07/10/2006
06-07-06	Applicability of Regulation 64 to motor vehicle physical damage losses.	07/10/2006
06-07-07	Commingling of funds	07/12/2006
06-07-08	Premium payment following cancellation notice	07/12/2006
06-07-09	Issuance of a special risk insurance license to an authorized insurer to write Class 1 and Class 2 New York Free Trade Zone business	07/14/2006
06-07-10	Credit Card Surcharge	07/21/2006
06-07-11	General Construction Law 20 and time periods established by 3425 of the Insurance Law	07/24/2006
06-07-12	No-Fault Loss Transfer Claims	07/24/2006
06-07-13	Independent adjuster license for firm negotiating payment for health care services from out of network doctors	07/24/2006
06-07-14	Theft protection program	07/24/2006
06-07-15	Need for an Adjuster's Bond	07/25/2006
06-07-16	Federal purchasing groups and compulsory insurance requirements	07/25/2006
06-07-17	Public Adjuster Compensation	07/26/2006
06-07-18	Suitability Standards for Annuity Contracts	07/31/2006

06-08-01	Premium Discount Risk Management Program Regulation 124	08/01/2006
06-08-02	Cancellation of a Motor Vehicle Insurance Policy by a Premium Finance Agency	08/01/2006
06-08-03	Repair cost estimate of physical damage to heavy equipment on behalf of insurers and insureds	08/02/2006
06-08-04	Independent Adjuster Licensing	08/02/2006
06-08-05	Excess Line Insurance	08/02/2006
06-08-06	Insurance Referrals	08/03/2006
06-08-07	Non-Payment of Voluntary Market Commercial Automobile Premium	08/03/2006
06-08-08	Insurance Coverage for the Non-Surgical Treatment of Temporomandibular Joint Disorders.	08/03/2006
06-08-09	Guaranteeing a security deposit	08/15/2006
06-08-10	Medical Malpractice Insurance and Excess Line Brokers	08/17/2006
06-08-11	Act of violence insurance	08/17/2006
06-08-12	Applicability of N.Y. Ins. Law 1213(e) to Formerly Listed Excess Line Insurers	08/16/2006
06-08-13	Service contract road hazard coverage	08/17/2006
06-08-14	No-Fault Request For Additional Verification	08/22/2006
06-08-15	Raffles	08/22/2006
06-08-16	Employee Leasing Organization	08/22/2006
06-08-17	Conditional Renewal under Section 3425(d)(1)	08/24/2006
06-08-18	Motor Vehicle Physical Damage Claims Agreed Price	08/25/2006
06-08-19	Premium accounts when the insured is a non-resident of New York	08/29/2006
06-08-20	Insurance Coverage for Disabled Adult Children	08/31/2006

06-09-01	Fire Insurance Fee	09/01/2006
06-09-02	N.Y. Ins. Law § 3214(c) - Crediting Interest on Death Benefit Payments	09/05/2006
06-09-03	No-Fault - Reimbursement For Services Rendered By Independent Contractor Health Service Providers	09/05/2006
06-09-04	Referrals	09/06/2006
06-09-05	Funding Agreement Backed Securitization Program	09/13/2006
06-09-06	Statement of guarantee/doing an insurance business	09/14/2006
06-09-07	Credit Card Service Company	09/15/2006
06-09-08	Referrals	09/15/2006
06-09-09	Inducement to Purchase Insurance under 4224	09/18/2006
06-09-10	Appropriate License to Sell Federal Immigration Bonds	09/19/2006
06-09-11	Rebates and Inducements	09/19/2006
06-09-12	Fiduciary Accounts	09/20/2006
06-09-13	Insurance Consultant Fees	09/21/2006
06-09-14	Insurance Broker Offering Free Services in Exchange for a Client's Health Insurance Business	09/21/2006
06-09-15	Insurance Law Section 4228	09/22/2006
06-09-16	Applicability of Section 9101(b) of the Insurance Law with regard to calculating excess line premium taxes	09/25/2006
06-09-17	Ten year rule for charities	09/25/2006
06-09-18	Exemption from Excess Line Tax and ELANY Stamping Fees	09/26/2006
06-09-19	Reinsurance Intermediary and Insurance Adjuster Licensing	09/27/2006
06-09-20	Viatical Settlements	09/28/2006
06-09-21	Licensing as an Independent Adjuster	09/25/2006
06-09-22	Proof of Mailing	09/21/2006

06-10-01	Independent Adjusters	10/04/2006
06-10-02	Utilization review and the prudent lay person standard	10/05/2006
06-10-03	Professional Employer Organizations	10/23/2006
06-10-04	Deceased Insurance Broker	10/24/2006
06-10-05	Electronic Record Retention of No-Fault Insurance Claim Forms	10/25/2006
06-10-06	Health Maintenance Organizations, Electronic Retention of Records	10/25/2006
06-10-07	Amending homeowners' policy to include a windstorm deductible.	10/25/2006

06-11-01	Third Party Administrators	11/02/2006
06-11-02	Surcharge on auto insurance premiums	11/02/2006
06-11-03	Alien insurers	11/02/2006
06-11-04	Payment by Credit Card	1102/2006
06-11-05	Viatical Settlement Advertising	11/06/2006
06-11-06	Discrimination Coverage	11/09/2006
06-11-07	Electronic Filing of Claims	1110/2006
06-11-08	N.Y. Tax Law 11(c)(1)(C) Investments in "Start-Up Businesses"	11/13/2006
06-11-09	Insurers Participation in the Medical Malpractice Insurance Pool ("Pool")	1114/2006
06-11-10	Fire Insurance Fee and Excess Line Insurance Companies	11/14/2006
06-11-11	Health Insurance Coverage for the Children of Employees	11/15/2006
06-11-12	Paying for leads and endorsements.	11/15/2006
06-11-13	Personal meeting between the insurance producer and the insured	11/15/2006
06-11-14	Sale of Medicare Supplement Insurance by Licensed Insurance Brokers	11/15/2006
06-11-15	Insurance Broker Licensing and Extended Reporting Period Coverage	11/17/2006
06-11-16	Certificates of Insurance	11/17/2006
06-11-17	Permissibility of Insurer Sending Claim Acknowledgment Notice Electronically	11/17/2006
06-11-18	Terrorism Risk Insurance Extension Act of 2005 and Agricultural Industry Exposure	11/20/2006
06-11-19	Disclosure of Insurance Broker's Commission Sharing Arrangement	11/20/2006
06-11-20	Broker Payments to Marketing Company for Referrals	11/21/2006
06-11-21	Communicating Directly with a Third Party Claimant Represented by Counsel	11/21/2006
06-11-22	Rental vehicle coverage for diminution of value and administrative fees	11/22/2006
06-11-23	Referral Fees to Unlicensed Entity	11/29/2006
06-11-24	Medical Examination for Life Insurance Application	11/29/2006
06-11-25	Ability of New York Cooperative Insurance Companies to Engage in Business in New York and Other States	11/30/2006

06-12-01	Unapproved mold exclusion in purchasing group policy	12/01/2006
06-12-02	Identity Theft Recovery Program	12/04/2006
06-12-03	Withdrawn	12/05/2006
06-12-04	Rebates and Commission Sharing	12/06/2006
06-12-05	Raffles	12/13/2006
06-12-06	Fire Insurance Fee and the Meaning of the Word "Churches"	12/14/2006
06-12-07	Promotional Discounts N.Y. Ins. Law 2324 and 4224 (McKinney 2006)	12/14/2006
06-12-08	Nonpayment cancellation-installment billings N.Y. Ins. Law 3425 (McKinney Supp. 2006)	12/14/2006
06-12-09	Workers" Compensation v. Health Insurance	12/18/2006
06-12-10	Sale of Annuities in New York	12/18/2006
06-12-11	Material Misrepresentation: Voiding/Rescission of Motor Vehicle Policy	12/18/2006
06-12-12	3425(j)(1)(D) and a Private Right of Action	12/18/2006
06-12-13	Fraud Warning	12/18/2006
06-12-14	Insurance Agent Purchasing an Independent Adjuster	12/20/2006
06-12-15	Insurance Producers Requirement to Return Commission	12/20/2006
06-12-16	No-Fault: Examination under Oath	12/22/2006
06-12-17	Prohibited Referral Payments to Insurance Agents or Employees by Motor Vehicle Glass Repairer	12/22/2006
06-12-18	Group Disability Insurance, New York Resident	12/22/2006
06-12-19	Broker Termination of Relationship with Insured	12/27/2006
06-12-20	Notification of Renewal Through Different Agent	12/28/2006
06-12-21	Proposal to Give Financial Incentives to Customers Who Obtain Title Insurance from Title Agent or Homeowners Insurance from Affiliate	12/29/2006
06-12-22	ERISA and Licensing of Independent Adjusters	12/29/2006
06-12-23	Insurance as a Membership benefit	12/29/2006

Selected Opinions of The Office of General Counsel for the Year 2006

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