Selected Opinions of The Office of General Counsel For The Year of 2008
- 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 Number | Subject | Date Issued |
---|---|---|
08-01-01 | 01/03/2008 | |
08-01-02 | 01/04/2008 | |
08-01-03 | 01/07/2008 | |
08-01-04 |
Insurance Agency or Brokerage Firm Placing an Advertisement with an Insured Client |
01/10/2008 |
08-01-05 | 01/25/2008 | |
08-01-06 | 01/25/2008 | |
08-01-07 | 01/28/2008 | |
08-01-08 | 01/28/2008 | |
08-01-09 | 01/28/2008 | |
08-01-10 |
Update on broker disclosure of fixed commission and other compensation |
01/30/2008 |
08-01-11 | 01/30/2008 | |
08-01-12 | 01/31/2008 | |
|
||
08-02-01 |
Provision of Managed Behavioral Healthcare Licensing and Other Requirements |
02/01/2008 |
08-02-02 |
Permissible drivers under personal automobile insurance policy |
02/07/2008 |
08-02-03 | 02/07/2008 | |
08-02-04 | 02/07/2008 | |
08-02-05 | 02/08/2008 | |
08-02-06 |
New York State Guaranty Fund for Annuities and Life Insurance |
02/11/2008 |
08-02-07 | 02/20/2008 | |
08-02-08 | 02/21/2008 | |
08-02-09 | 02/22/2008 | |
08-02-10 | 02/25/2008 | |
08-02-11 | 02/25/2008 | |
|
||
08-03-01 |
Insurance Department's requirements for reporting administrative actions against insurance producers |
03/04/2008 |
08-03-02 | 03/04/2008 | |
08-03-03 | 03/05/2008 | |
08-03-04 | 03/05/2008 | |
08-03-05 | 03/07/2008 | |
08-03-06 |
Insolvent Health Maintenance Organization, Liability of Subscriber |
03/11/2008 |
08-03-07 | 03/11/2008 | |
08-03-08 |
Referrals of potential insureds by clients to an insurance agency |
03/12/2008 |
08-03-09 | 03/12/2008 | |
08-03-10 | 03/12/2008 | |
08-03-11 | 03/13/2008 | |
08-03-12 | 03/13/2008 | |
08-03-13 | 03/19/2008 | |
08-03-14 | 03/19/2008 | |
08-03-15 | 03/20/2008 | |
08-03-16 |
Expense allowance limitations for life insurance agents and brokers |
03/21/2008 |
08-03-17 | 03/25/2008 | |
08-03-18 |
What Constitutes a Rebate by an Automobile Collision Repair Facility? |
03/26/2008 |
08-03-19 | 03/27/2008 | |
08-03-20 | 03/27/2008 | |
|
||
08-04-01 | 04/01/2008 | |
08-04-02 |
Office of General Counsel Opinion Number 06-08-13 (08/17/2006) |
04/01/2008 |
08-04-03 | 04/01//2008 | |
08-04-04 | 04/02/2008 | |
08-04-05 | 04/02/2008 | |
08-04-06 | 04/03/2008 | |
08-04-07 | 04/03/2008 | |
08-04-08 | 04/04/2008 | |
08-04-09 | 04/07/2008 | |
08-04-10 | 04/07/2008 | |
08-04-11 | 04/07/2008 | |
08-04-12 |
"Accident" coverage endorsement to a general liability policy |
04/07/2008 |
08-04-13 | 04/07/2008 | |
08-04-14 | 04/08/2008 | |
08-04-15 | 04/08/2008 | |
08-04-16 |
Provider Billing Patient Directly Where the Patient Executed an Assignment of No-Fault Benefits Form |
04/08/2008 |
08-04-17 | 04/09/2008 | |
08-04-18 | 04/09/2008 | |
08-04-19 | 04/11/2008 | |
08-04-20 | 04/14/2008 | |
08-04-21 | 04/15/2008 | |
08-04-22 | 04/15/2008 | |
08-04-23 | 04/14/2008 | |
08-04-24 |
Premium audits of policies issued on risks located outside of this state |
04/16/2008 |
08-04-25 |
Payment by insurance broker of referral fees to non-licensees |
04/17/2008 |
08-04-26 | 04/17/2008 | |
08-04-27 | 04/18/2008 | |
08-04-28 | 04/22/2008 | |
08-04-29 | 04/23/2008 | |
08-04-30 | 04/23/2008 | |
08-04-31 | 04/23/2008 | |
08-04-32 |
Minimum period of enrollment requirements for continuation coverage |
04/23/2008 |
08-04-33 | 04/25/2008 | |
08-04-34 | 04/25/2008 | |
08-04-35 |
Radio and internet advertisements of insurance agents and brokers |
04/28/2008 |
08-04-36 |
Applicability of the “two percent rule” to commercial lines insurance |
04/29/2008 |
08-04-37 | 04/29/2008 | |
08-04-38 | 04/30/2008 | |
08-04-39 | 04/30/2008 | |
|
||
08-05-01 | 05/02/2008 | |
08-05-02 | 05/06/2008 | |
08-05-03 | 05/06/2008 | |
08-05-04 |
Conditional Renewal Notice Based on Increased Premium on E & O Liability Insurance Policy |
05/08/2008 |
08-05-05 | 05/13/2008 | |
08-05-06 |
Superintendent's Discretion to Approve Repayment of Surplus Notes |
05/13/2008 |
08-05-07 |
Insurer designating a contractor to repair, rebuild or replace |
05/16/2008 |
08-05-08 | 05/19/2008 | |
08-05-09 | 05/20/2008 | |
08-05-10 |
Cancellation of vehicle-for-hire insurance policy pursuant to premium finance agency's request |
05/21/2008 |
08-05-11 | 05/23/2008 | |
08-05-12 | 05/30/2008 | |
08-05-13 | 05/30/2008 | |
08-05-14 |
Usual and Customary or Reasonable Fees for Health Insurance Reimbursements |
05/30/2008 |
08-05-15 | 05/30/2008 | |
08-05-16 | 05/30/2008 | |
08-05-17 |
No-Fault Insurance Policy Additional Personal Injury Protections |
05/15/2008 |
|
||
08-06-01 | 06/02/2008 | |
08-06-02 | 06/04/2008 | |
08-06-03 | 06/04/2008 | |
08-06-04 |
Continuation Right, Group Health Insurance; Electronic Storage of Protected Health Information |
06/06/2008 |
08-06-05 | 06/10/2008 | |
08-06-06 |
Application of New York Insurance Law § 3425(f) and (o) to a Run-Off Company |
06/10/2008 |
08-06-07 | 06/16/2008 | |
08-06-08 | 06/16/2008 | |
08-06-09 | 06/17/2008 | |
08-06-10 | 06/18/2008 | |
08-06-11 | 06/25/2008 | |
08-06-12 | 06/30/2008 | |
08-06-13 | 06/12/2008 | |
New! 08-06-14 | 06/18/2008 | |
|
||
08-07-01 | 07/01/2008 | |
08-07-02 |
Recovery under an automobile insurance policy for loss of fetus |
07/01/2008 |
08-07-03 | 07/09/2008 | |
08-07-04 | 07/10/2008 | |
08-07-05 | 07/10/2008 | |
08-07-06 | 07/14/2008 | |
08-07-07 | 07/15/2008 | |
08-07-08 | 07/15/2008 | |
08-07-09 | 07/16/2008 | |
08-07-10 |
Restoration company's payment of referral fees to insurance agent or broker |
07/16/2008 |
08-07-11 | 07/16/2008 | |
08-07-12 | 07/16/2008 | |
08-07-13 | 07/17/2008 | |
08-07-14 | 07/21/2008 | |
08-07-15 | 07/21/2008 | |
08-07-16 |
Disapproval of a Loss History Rating Plan as an Experience Rating Plan |
07/21/2008 |
08-07-17 | 07/21/2008 | |
08-07-18 | 07/22/2008 | |
08-07-19 | 07/25/2008 | |
08-07-20 |
Usual and customary or reasonable rates for ambulance services |
07/28/2008 |
08-07-21 | 07/28/2008 | |
08-07-22 | 07/28/2008 | |
08-07-23 | 07/28/2008 | |
08-07-24 | 07/29/2008 | |
08-07-25 | 07/30/2008 | |
08-07-26 | 07/30/2008 | |
08-07-27 |
Profit Sharing and Ownership of an Insurance Agent Organized as an LLC |
07/31/2008 |
08-07-28 | 07/30/2008 | |
08-07-29 | 07/30/2008 | |
08-07-30 | 07/7/2008 | |
08-07-31 | 07/16/2008 | |
|
||
08-08-01 |
Charitable Annuity Society - Special Permit and Reserve Requirements |
08/01/2008 |
08-08-02 | 08/04/2008 | |
08-08-03 | 08/25/2008 | |
08-08-04 | 08/25/2008 | |
08-08-05 | 08/26/2008 | |
08-08-06 |
Commercial motor vehicle liability policies to out-of-state residents |
08/26/2008 |
08-08-07 | 08/26/2008 | |
08-08-08 |
Public adjuster communicating with insurer represented by counsel |
08/26/2008 |
08-08-09 |
Placement of Punitive Damages Insurance Coverage in the Excess Line Market |
08/27/2008 |
08-08-10 | 08/27/2008 | |
|
||
08-09-01 | 09/03/2008 | |
08-09-02 |
Cancellation of homeowner’s insurance policy based upon impending foreclosure action |
09/10/2008 |
08-09-03 | 09/17/2008 | |
08-09-04 | 09/17/2008 | |
08-09-05 | 09/19/2008 | |
08-09-06 | 09/22/2008 | |
08-09-07 |
Insurance broker charging a flat fee in lieu of receiving a commission |
09/22/2008 |
08-09-08 |
Refusal of Insurance Company to Accept a Physician as an In-Network Provider |
09/23/2008 |
08-09-09 | 09/24/2008 | |
08-09-10 | 09/24/2008 | |
08-09-11 | 09/24/2008 | |
08-09-12 | 09/26/2008 | |
08-09-13 | 09/29/2008 | |
08-09-14 | 09/29/2008 | |
08-09-15 | 09/29/2008 | |
|
||
08-10-01 | 10/06/2008 | |
08-10-02 |
Reinsurance by a Risk Pooling Trust of a New York Authorized Property/Casualty Insurer |
10/06/2008 |
08-10-03 | 10/06/2008 | |
08-10-04 | 10/10/2008 | |
08-10-05 |
Applicability of Employee Retirement Income Security Act (ERISA), Self-Funded Association Groups |
10/14/2008 |
08-10-06 | 10/16/2008 | |
08-10-07 | 10/16/2008 | |
08-10-08 | 10/27/2008 | |
08-10-09 | 10/27/2008 | |
08-10-10 | 10/27/2008 | |
08-10-11 |
Privacy of consumer's nonpublic personal financial information |
10/29/2008 |
08-10-12 | 10/29/2008 | |
08-10-13 |
Calculation of total loss payments upon automobiles’ title transfer fees and sales tax |
10/30/2008 |
08-10-14 | 10/27/2008 | |
|
||
08-11-01 | 11/13/2008 | |
08-11-02 | 11/17/2008 | |
08-11-03 | 11/18/2008 | |
08-11-04 | 11/18/2008 | |
08-11-05 |
Health Insurance for Same-Sex Spouses in Legal Out-of-State Marriages |
11/21/2008 |
08-11-06 | 11/25/2008 | |
08-11-07 | 11/25/2008 | |
08-11-08 | 11/26/2008 | |
08-11-09 | 11/19/2008 | |
|
||
08-12-01 | 12/17/2008 | |
08-12-02 | 12/18/2008 | |
08-12-03 | 12/19/2008 | |
08-12-04 | 12/26/2008 | |
08-12-05 | 12/29/2008 | |
08-12-06 | 12/30/2008 | |
08-12-07 |
New York State Health Care Reform Act (HCRA) Surcharges |
12/30/2008 |
08-12-08 |
Treatment of Collateral Held by an Insurer in Liquidation or Rehabilitation |
12/31/2008 |
08-12-09 | 12/31/2008 |