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Opposite-sex Domestic Partners May be Treated Differently From Same-sex Domestic Partners in Insurance Offerings

So says the Insurance Department's General Counsel:

There is nothing in the Insurance Law or the regulations promulgated thereunder that mandate [sic] that an insurer provide domestic partner coverage at all. In addition, nothing in the Insurance Law or the regulations promulgated thereunder require that an insurer that voluntarily provides domestic partner coverage to same-sex partners must also provide such coverage to opposite-sex partners. Moreover, as noted in the 1994 Insurance Department opinions discussed below, there is a rational basis for an insurer's decision to limit domestic partner coverage to same-sex partners, because same-sex partners do not have the ability to marry and demonstrate the family relationship required for coverage under current New York law, except by relying upon their status as dependents. Opposite-sex partners, however, have the ability to marry and obtain coverage on that basis.

The full opinion, issued November 29, is here.

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This page contains a single entry from the blog posted on December 7, 2007 9:10 AM.

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