Sari Gabay-Rafiy is a regular contributor to the Insurance Advocate. Please browse the articles below.

Freedom of Information Requests, Insurance Advocate, April 19, 2010.

“The Office of General Counsel has offered some guidance on the applicability of certain FOIL exemptions. For instance, the Department has opined that the personal privacy exception of FOIL does not apply to the names and business addresses of newly licensed New York Insurance agents.” Full article…

Post-Termination Commissions and Renewals: Who Has to Pay What to Whom? – Insurance Advocate, March 22, 2010.

“But the absence of a formal written agreement may not be fatal to a claim for post-termination commissions. For instance, where an insurance broker sued an insurer for breach of an oral contract to pay commissions, a New York court found that a letter written by the insurer to the broker regarding the payment of renewal commissions contained all the material terms of the alleged oral agreement.” Full article…

Agents and Brokers: Disclose and Report Out of State Actions! – Insurance Advocate, February 22, 2010.

“As another precaution, licensees should never delegate the task of completing a renewal application. That is, the individual licensee or the sublicensee/designated responsible person of an agency or brokerage should read each question carefully and respond accurately and truthfully to the questions posed rather than quickly marking “No” throughout an application.” Full article…

Premium Deposits: Dishonored Checks and Cash Payments – Insurance Advocate, January 25, 2010.

“In short, once an insurer is paid out of the producer’s account, neither the insurer nor the producer may cancel the policy for non-payment.” Full article…

Mid-Term Cancellation of a Workers’ Compensation Insurance Policy – Insurance Advocate, January 1, 2010.

“…the Department addressed the mid-term cancellation of a workers’ compensation insurance policy based upon the insured’s failure to pay the audit premium on its most recently expired policy.” Full article…

Cancellation for Nonpayment: New Developments Affect Agents and Brokers - Insurance Advocate, April 20, 2009.

“What are the obligations and duties of an insurer, insurance broker or agent with respect to notices of cancellation for nonpayment of premium? New York Insurance Law § 3426 governs the cancellation of commercial lines insurance policies, and provides for instances where an insurer has a statutory right of cancellation, such as the nonpayment of premium.” Full article…

Flown! Empty! Canceled! Here’s A Bird’s Eye View of Circular Letter 23 – Insurance Advocate, March 9, 2009.

“Can an insurance company cancel your homeowner’s policy if you leave your New York home unoccupied during the winter months in order to spend the season in a warmer climate? Apparently, many insurance companies have canceled homeowners’ policies claiming either that an unoccupied residence constitutes (a) a “physical change” or (b) a willful or reckless act or omission increasing the hazard insured against.” Full article…

Contractors: Recent Decision Impacts Status of “Additional Insured” – Insurance Advocate, March 9, 2009.

“The policy defined an “insured” as “any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as additional insured on your policy.” Full article…

Ink Spots, Ad Spots and Blind Spots: Spotlighting Agents Advertising and the Law – Insurance Advocate, February 9, 2009.

“As opposed to the detailed Regulations governing advertisements for accident and health insurance, there are no separate Regulations governing advertisements for property and casualty brokers and agents.” Full article…

Same Sex, Same Cover: Implications of the New Regulations Barring Discrimination in the Insuring of Same Sex Couples – Insurance Advocate, December 15, 2008.

“The main difference between a marriage and a civil union is that there is no requirement that civil unions be recognized outside of the state.” Full article…

Tis The Season…Gifts, Keepsakes and Rebates: A Legal Look at Your Shows of Appreciation – Insurance Advocate, November 17, 2008.

“As the holiday season approaches you may be thinking of gifts to send to your clients. If you are an insurer, insurance agent or broker, giving just any gift, even one that costs less than $15, may violate New York’s Insurance Laws”. Full article…

Brokers Beware: You May Assume a Duty to Act…Carefully – Insurance Advocate, July 27, 2008.

“Even in the absence of privity between the plaintiff and defendant Brooks, one who assumes to act, even though not obligated to do so, thereby becomes subject to the duty to act carefully”. Full article…