Limit on Charges by Providers of Health Services Under the No-Fault Law
OGC Op. No. 09-05-01 (May 15, 2009)
2. No. A medical provider may not bill a patient and/or the patient’s health insurer treatment of injuries arising out of the use of a motor vehicle at the provider’s standard rates when the patient’s no-fault insurer has denied the medical provider’s claim because of a policy exclusion, such as driving while intoxicated. The provider of health services is limited to billing at the no-fault rates established pursuant to Insurance Law
No-Fault Lost Wage Claim
OGC Op. No. 09-05-04 (May 14, 2009)
Fire Insurance Fee and Businessowners Policies
OGC Op. No. 09-06-06 (June 15, 2009)
Interpreting the Amendments to Insurance Law § 3420
OGC Op. No. 09-06-08 (June 23, 2009)
Examinations Under Oath of Assignees
OGC Op. No. 09-06-10 (June 24, 2009)
Insurer In-House Counsel
OGC Op. No. 09-08-01 (August 4, 2009)
No. Neither the Insurance Law nor the regulations promulgated thereunder require Insurance Department approval for the creation of an insurer in-house law firm.
Acceptance of Third-Party Subpoena by the Superintendent
OGC Op No 09-08-02 (August 5, 2009)
No. The Superintendent is not authorized to accept such a subpoena, because N.Y. Ins. Law
Electronic Delivery of Insurance Policies
OGC Op No 09-08-04 (August 7, 2009)
2. May an insurer electronically send an insurance policy to an insured without first obtaining the insured’s consent to engage in an electronic transaction, if the insurer also offers the insured the option to insist upon being sent a paper copy of the policy?
3. Is the insurer or the insurance producer responsible for delivery of the insurance policy to the insured?
4. If an insurance policy is issued electronically by an insurer to an insurance producer, may the producer electronically send the policy to the insured without first obtaining the insured’s consent to electronically receive the insurance policy?
1. Yes. OGC Opinion 09-01-01 (January 6, 2009) applies to commercial lines insurance policies.
2. No. An insurer may not electronically send an insurance policy to an insured unless the insured has first consented to engage in an electronic transaction, even if the insurer provides the insured with an option to insist upon receiving a paper copy of the policy.
3. Yes. An insurer is responsible for delivery of the insurance policy to the insured or such person that the insured designates, but the insurer may delegate such task to either its insurance agent or the insurance broker.
4. No. Even if the insurer electronically sends the insurance policy to the insurance producer, the insurance producer may not electronically forward the policy to the insured unless the insured has consented to engage in an electronic transaction.