STATE OF NEW YORK ATTORNEY-GENERAL'S OFFICE, ALBANY, February 17, 1908. E. E. BOHACKEK, Sec'y., 901 Wilder Bldg., Rochester, N. Y. Dear Sir: Replying to your inquiry of the 7th inst., as I understand you, you first desire to know whether co-operative fire insurance companies are authorized to reinsure the risks of other co-operative companies. In reply I will say that in my opinion they do not have that power. You further ask as to a sample blank which you inclose, but precisely the question which you desire answered concerning the same, I am unable to spell out. After reading the sample blank referred to I am also unable to fathom the purpose of the mind which formulated the blank. I would advise that it would be for the interest of co-operative fire companies to have their by-laws, policies and applications prepared by a competent attorney. Yours truly, WILLIAM S. JACKSON, STATE OF NEW YORK ATTORNEY-GENERAL'S OFFICE, ALBANY, June 24, 1908. W. S. BEVANS, Esq., Port Jervis, N. Y. Dear Sir: Your letter of the 20th ult., inclosing copy of a fire insurance policy, issued by the Co-operative Fire Insurance Company of Orange County to J. B. Hamilton, was duly received. There is no provision in article 9 of the Insurance Law relating to co-operative fire insurance corporations prohibiting such a corporation from using the so-called standard form of fire insurance policy. Section 266 exempts such corporations from the provisions of section 121 of that statute, which last named section provides that only the standard form of fire insurance policy shall be used by an ordinary fire insurance corporation. Accordingly, a co-operative corporation is not required to use a standard form, but I find no provision preventing its use. I return herewith the policy submitted. WILLIAM S. JACKSON, Attorney-General. STATE OF NEW YORK ATTORNEY-GENERAL'S OFFICE, AUBURN IRON Co., Auburn, N. Y. ALBANY, February 18, 1909. Gentlemen: I beg to acknowledge receipt of your favor of the 6th inst., with reference to policies of insurance issued by the Etna Fire Insurance Association of Utica, Oneida county. From the facts stated in your communication, I infer that the operations of this company are similar to those of various cooperative fire insurance companies against which the AttorneyGeneral of the State has brought proceedings through Mr. George Fort Slocum of Rochester. In these cases, application has been made to the Attorney-General for authorization to prosecute an action in the nature of quo warranto, as provided by the Code of Civil Procedure, on the ground that certain groups of individuals have usurped the functions of a corporation. Examination of the Code will show that this power is discretionary in the Attorney-General, and the policy of this office is to make such authorization only upon petition setting forth the facts, upon which a hearing is granted. Of this hearing, due notice must be given to the parties against whom the action is contemplated in order that they may appear and be heard. I do not consider it fair to pass upon the facts of the case or to say what action should be taken, until a petition has been presented in the above manner and a hearing had. Yours very truly, EDWARD R. O'MALLEY, STATE OF NEW YORK ATTORNEY-GENERAL'S OFFICE, ALBANY, June 11, 1909. ARCHIBALD TAYLOR, Esq., 113 West Main St., Middletown, N. Y. Dear Sir: Your letter of the 7th inst., received, in regard to section 278 of the Consolidated Insurance Law relating to limitations placed on town and county insurance corporations as to the number of counties in which they are restricted to conduct business, depending upon the amount of outstanding insurance. In my opinion, the construction you place upon the statute is correct that in order for such a corporation to operate in more than five counties, it must have outstanding insurance in excess of five million dollars, an additional one million dollars insurance for each additional county in which business is transacted. The statute would apply to all such corporations from the time it took effect. Hon. WILLIAM H. HOTCHKISS, Superintendent of Insurance, Albany, N. Y. Dear Sir: I have your letter of the 12th instant, in which you request my opinion as to whether the addition of section 63 to the Insurance Law by the last Legislature has conferred upon your Department the power to supervise insurance corporations organized under article 9 of the Insurance Law, known as town and county co-operative insurance companies. I have given this matter careful attention, and in my opinion the same principles set forth in my opinion to you of June 15, 1909, in reference to Lloyds associations, apply here. By section 57 these corporations organized under article 9 of the Insurance Law are excepted from the provisions of article 1 of the law, in the same way that Lloyds associations are excepted. But section 63, as I pointed out in my former opinion, is an amendment to article 1 in which section 57 is included, and specifically applies "to all domestic corporations, associations, societies and orders to which any article of this chapter is applicable, anything as to any such corporations, associations, societies or orders provided in this article to the contrary notwithstanding; and the words Corporation' or Corporations' herein shall also include all such associations, societies and orders." It is my judgment that the language above quoted is sufficiently broad to include in the scope of section 63 town or county cooperative companies organized under article 9 of the Insurance Law, and that, therefore, your Department is vested with supervisory power over such companies to the extent of the provisions of this section. Advance premium associations, history of.... Etna Mutual Fire Insurance Company of Onondaga County. 1032 1147 1215 1117 1215 1042 1147 1043 Argyle Co-operative Fire Insurance Company. 1044 1215 Attorneys-General Opinions 1268 Auburn Mutual Fire Insurance Company of Cayuga County, N. Y.. Callicoon Agricultural Mutual Fire Relief Association of Sullivan County. 1048 1049 Capital Mutual Fire Insurance Company of Onondaga County. 1215 1050 Catskill Mountain Fire Insurance Company of Greene County. 1150 Cattaraugus County Co-operative Farmers' Fire Relief Association. 1120 Cattaraugus County Patrons' Mutual Fire Relief Association.. 1095 1121 1122 Central City Co-operative Fire Insurance Company of Onondaga County. 1205 1051 Chautauqua County Patrons' Fire Relief Association. 1096 ... 1152 Chenango County Patrons' Fire Relief Association. 1123 Cherry Valley, Roseboom and Westford, and Otsego County Co-operative 1052 Church Insurance Association of the State of New York. 1153 Citizens' Fire Insurance Association of Oneida County.. 1155 Citizens' Fire Insurance Company of Saratoga County. Co-operative Fire Insurance Company of Greene, Schoharie and Delaware 1159 Co-operative Fire Insurance Company of Hartford. 1055 Co-operative Fire Insurance Company of Orange County.. 1124 Co-operative Fire Insurance Company of Wyoming and Genesee Counties. 1197 1098 1056 County assessment associations 1031 County assessment associations, individual reports.. D. Decisions of the courts Delaware County Patrons' and Farmers' Fire Relief Association. PAGE. 1117 1036 1241 1125 1056 1099 Dwelling-House Co-operative Fire Insurance Company of Cayuga County. 1206 Dwelling Insurance Association of Central New York... Easton Mutual Fire Insurance Company.. .. 1208 E. 1057 Empire State Fire Insurance Association of Utica, Oneida County, N. Y. 1161 Erie and Niagara County Farmers' Insurance Association.... 1126 F. Farmers' Alliance Co-operative Fire Insurance Company of Steuben 1127 Farmers' Co-operative Fire Insurance Association of the Towns of Clay, 1058 Farmers' Fire Insurance Association of the Towns of Greenville, Durham, Westerlo and Rensselaerville 1059 Farmers' Fire and Lightning Insurance Company. 1128 Farmers' Fire Relief Association of the Towns of Pompey and Fabius.. 1060 Farmers' Insurance Company of Town of Minden... 1061 Farmers' Mutual Fire Insurance Association of the Town of Catskill, 1062 Farmers' Mutual Fire Insurance Company, Fort Ann. 1063 Farmers' Mutual Fire Insurance Company, Fort Edward. 1064 Farmers' Mutual Indemnity Association. 1129 Farmers' Mutual Insurance Company of Milan, Pine Plains and Stanford. 1065 Farmers' Mutual Insurance Company of Orleans and Niagara Counties. 1130 Farmers' Reliance Mutual Insurance Company of Chemung, Schuyler and Yates Counties .... 1131 Farmers' Town Mutual Insurance Company of Clinton. 1067 1066 Farmers' Town Mutual Insurance Company of Rhinebeck. 1068 1100 Fulton & Montgomery Counties Farmers' Mutual Fire Insurance Association.. Five County Co-operative Underwriters Association of New York State. 1029 Franklin Fire Insurance Company.. German Mutual Fire Insurance Association of Wellsville, Allegany Hamilton Mutual Fire Insurance Company of Madison County. 1164 1076 Herkimer Fire Insurance Company of Herkimer County.. 1165 |