New York Insurance Department: Legally Married Same-Sex Couples Should be Recognized with Respect to Certain Types of Health and Term Life Insurance Issued Under New York Law

On December 29, 2008, the New York Insurance Department’s (“NYID”) Office of General Counsel (“OGC”) issued an opinion setting forth its position with respect to NYID Circular Letter No. 27 (2008) (the “Circular Letter”) that addressed the issue of whether same-sex marriages from jurisdictions outside of New York are covered under group long-term disability, group short-term disability and group term life insurance issued in New York.  We previously reported here on the Circular Letter.

The OGC’s legal opinion affirmed the Circular Letter and concluded that same-sex spouses who were legally married in a jurisdiction outside of New York must be treated as spouses for purposes of the New York Insurance Law, including all provisions governing health insurance.  Further, the OGC’s legal opinion confirms that the Circular Letter does apply to long-term disability, group short-term disability and group term life insurance.

For a copy of the OGC legal opinion, please click here.