N.Y. Comp. Codes R. & Regs. Tit. 11 § 67.1 - Definitions
As used in Insurance Law section 3411 and this Part:
(a)
Private passenger
automobile or automobile means an owned or leased
motor vehicle as defined in VTL section 125 but shall not include:
(1) an ambulance as defined
in VTL section 100-b;
(2) a
fire vehicle as defined in VTL section 115-a;
(3) a motorcycle as defined
in VTL section 123;
(4) a
livery vehicle as defined in VTL section 121-e;
(5) a police vehicle as
defined in VTL section 132-a;
(6) a
taxicab as defined in VTL section 148-a ;
(7) a farm vehicle as
defined in VTL section 501-a; or
(8) a motor vehicle weighing more than 6,500
pounds unloaded.
(b)
Insured means:
(1) the named
insured as specified on the policy declarations page; and
(2) any natural person who is related to the
named insured by blood, marriage or adoption (including a ward or foster
child), and who regularly resides in the named insured's household, including
any such person temporarily living elsewhere.
(c)
Automobile physical damage
insurance means a motor vehicle insurance policy providing one or more
of the following coverages:
(1)
collision;
(2) comprehensive;
or
(3) fire and theft.
(d)
Nonowned automobile
means a private passenger automobile, other than a temporary
substitute automobile, in the insured's possession that the insured operates
but does not own or use regularly .
(e)
Temporary substitute automobile
means any private passenger automobile that the named insured does not
own but that the named insured uses temporarily with the owner's permission ,
as a substitute for the named insured's automobile when the named insured's
automobile is withdrawn from normal use because of breakdown, repair,
servicing, loss or destruction.
(f)
Proof of mailing means a certificate of mailing, properly
endorsed by the United States Postal Service, or any other evidence of mailing,
delivery or transmittal whereby the date of the mailing, delivery or
transmittal can be independently verified.
(g)
Insurer's authorized
representative or authorized representative means any individual or
legal entity, such as an insurer's employee or an inspection service,
designated by the insurer, other than the insured that is properly qualified to
perform the automobile inspection services provided for in this Part.
(h)
Book of business means
all automobile insurance written by an insurance producer with an
insurer.
(i)
New, unused
automobile means a private passenger automobile that:
(1) has not been placed in consumer
use;
(2) has not been transferred
to someone other than an automobile dealer; and
(3) has less than one thousand miles on the
odometer.
(j)
Durable medium means a medium for maintaining a record where
the properties of such medium provide reasonable assurances against tampering
with the information contained in the original and degradation of any
reproduction generated, and where the reproduction is an exact copy of the
original. The medium may include paper; facsimile; or photographic,
micrographic, magnetic, optical, mechanical or electronic media.
(k)
New automobile dealer
shall have the meaning ascribed by VTL section 415(1)(f);
(l) NYAIP means the New York Automobile
Insurance Plan.
(m) VTL means the
New York Vehicle and Traffic Law.
Notes
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