Category: Publications
Oct
FOR THE INSURANCE ADVOCATE, OCTOBER 29, 2018
“While married couples may create Last Will & Testaments and forget to change them following a divorce, numerous states have “revocation on divorce” statutes that typically treat a divorce as voiding a testamentary bequest to a former spouse. These revocation on divorce statutes were initially aimed at Last Wills & Testaments and rest on an assumption that the deceased presumably would not wish for an ex-spouse to inherit his or her assets and personal effects.”
Apr
For the Insurance Advocate, April 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.”
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Mar
For the Insurance Advocate, March 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.”
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Feb
For the Insurance Advocate, February 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.””
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Jan
For the Insurance Advocate
“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.”