2006 New York Code - Definitions.

 
    § 311. Definitions. As used in this article:
    1.   The  term  "superintendent"  shall  mean  the  superintendent  of
  insurance of this state.
    2. The term "motor vehicle" shall be defined as in section one hundred
  twenty-five of this chapter, except that it shall also include trailers,
  semi-trailers and tractors other  than  tractors  used  exclusively  for
  agricultural  purposes, and shall exclude fire and police vehicles, farm
  equipment,  including  self-propelled  machines  used   exclusively   in
  growing,  harvesting or handling farm produce, tractors used exclusively
  for agricultural purposes, or for snow plowing other than for hire,  and
  self-propelled   caterpillar   or  crawler-type  equipment  while  being
  operated on the contract site.
    3. The term "proof of financial security" shall mean proof of  ability
  to  respond  in  damages  for  liability  arising  out of the ownership,
  maintenance or use of a motor vehicle as evidenced by an owner's  policy
  of  liability insurance, a financial security bond, a financial security
  deposit, or qualifications as a self-insurer under section three hundred
  sixteen of this chapter  or,  in  the  case  of  a  non-resident,  under
  self-insurance  provisions  of  the  laws  of  the  jurisdiction of such
  non-resident.  Notwithstanding  any  other  provision  of  any  law   or
  regulation, any proof of financial security shall for any self-propelled
  motor  vehicle  also  provide  coverage  required by this article to any
  non-commercial trailer hauled by any such motor vehicle,  other  than  a
  mobile  home.  For  the  purposes  of  this  article,  a  mobile home or
  "manufactured home" means a mobile home or manufactured home as  defined
  in section one hundred twenty-two-c of this chapter.
    4.  The  term  "owner's  policy  of  liability insurance" shall mean a
  policy
    (a) Affording coverage as defined in the minimum provisions prescribed
  in a regulation which shall be  promulgated  by  the  superintendent  at
  least   ninety   days   prior   to  effective  date  of  this  act.  The
  superintendent before promulgating such  regulations  or  any  amendment
  thereof,  shall  consult  with all insurers licensed to write automobile
  liability insurance in  this  state  and  shall  not  prescribe  minimum
  provisions  which fail to reflect the provisions of automobile liability
  insurance policies, other  than  motor  vehicle  liability  policies  as
  defined  in  section  three  hundred  forty-five of this chapter, issued
  within this state at the date of such regulation or  amendment  thereof.
  Nothing  contained  in such regulation or in this article shall prohibit
  any insurer from affording coverage under an owner's policy of liability
  insurance more liberal than that required by  said  minimum  provisions.
  Every such owner's policy of liability insurance shall provide insurance
  subject  to  said  regulation against loss from the liability imposed by
  law for damages, including  damages  for  care  and  loss  of  services,
  because  of  bodily  injury  to  or death of any person and injury to or
  destruction of property arising out of the ownership, maintenance,  use,
  or  operation  of  a specific motor vehicle or motor vehicles within the
  state of New York, or elsewhere in the United States in North America or
  the Dominion of Canada, subject to a limit, exclusive  of  interest  and
  costs,  with  respect  to each such motor vehicle except a tow truck, of
  twenty-five thousand dollars because of bodily  injuries  to  and  fifty
  thousand dollars because of death of one person in any one accident and,
  subject  to  said  limit  for  one  person, to a limit of fifty thousand
  dollars because of bodily injury to and  one  hundred  thousand  dollars
  because  of  death  of two or more persons in any one accident, and to a
  limit of ten thousand dollars because of injury  to  or  destruction  of
  property  of  others  in  any  one accident provided, however, that such
  policy need not be for a period coterminous with the registration period
  of the vehicle insured. The limit, exclusive of interest and costs, with
  respect to a tow truck shall be a combined  single  limit  of  at  least
  three  hundred thousand dollars because of bodily injury or death to one
  or  more  persons  or  because  of  injury or destruction of property of
  others in any one accident, and  to  a  limit  of  twenty-five  thousand
  dollars  because of damage to a vehicle in the care, custody and control
  of the insured. Any insurer authorized to issue  an  owner's  policy  of
  liability  insurance  as  provided  for in this article may, pending the
  issue of such a policy, make an agreement, to be known as a  binder,  or
  may,  in  lieu of such a policy, issue a renewal endorsement or evidence
  of renewal of an existing policy; each of which shall  be  construed  to
  provide indemnity or protection in like manner and to the same extent as
  such  a  policy.  The  provisions  of  this  article shall apply to such
  binders, renewal endorsements or evidences of renewal. Every such policy
  issued insuring private passenger vehicles  and  every  renewal  policy,
  renewal  endorsement,  or  other  evidence  of renewal issued shall have
  attached thereto a rating information form which clearly  specifies  and
  defines  the  rating  classification  assigned  thereto,  including  any
  applicable merit rating plan; and
    (b) In the case of a vehicle registered in this state, a policy issued
  by an insurer duly authorized to transact business in this state; or
    (c) In the case of a vehicle lawfully registered in another state,  or
  in  both  this  state  and  another  state, either a policy issued by an
  authorized insurer, or  a  policy  issued  by  an  unauthorized  insurer
  authorized  to  transact  business in another state if such unauthorized
  insurer files with the commissioner in form to  be  approved  by  him  a
  statement  consenting  to  service of process and declaring its policies
  shall be deemed to be varied to comply with  the  requirements  of  this
  article; and
    (d) The form of which has been approved by the superintendent. No such
  policy  shall  be  issued or delivered in this state until a copy of the
  form of policy shall have been on file with the  superintendent  for  at
  least   thirty   days,   unless   sooner  approved  in  writing  by  the
  superintendent,  nor  if  within  said  period  of   thirty   days   the
  superintendent  shall  have  notified the carrier in writing that in his
  opinion, specifying the reasons therefor, the form of  policy  does  not
  comply with the laws of this state.
    5.  * The  term  "certificate  of  insurance"  shall mean any evidence
  issued by or on behalf  of  an  insurance  company  duly  authorized  to
  transact   business   in  this  state,  stating  in  such  form  as  the
  commissioner may prescribe or approve that such company  has  issued  an
  owner's  policy  of liability insurance on the motor vehicle or vehicles
  designated therein.   Such  certificate  shall  contain  information  as
  required  by the commissioner including at least the following except as
  otherwise provided:
    * NB Repealed effective June 30, 2007
    * The term "certificate of insurance" shall mean any  evidence  issued
  by  or  on  behalf  of  an insurance company duly authorized to transact
  business in this state, stating in such form  as  the  commissioner  may
  prescribe  or  approve that such company has issued an owner's policy of
  liability insurance on the motor vehicle or vehicles designated therein.
  Such certificate shall contain at least the following information except
  as otherwise provided:
    * NB Effective June 30, 2007
    (a) The name and address of the person to whom the policy was issued.
    (b) The number and effective period of the policy. If all of the motor
  vehicles owned by one person during a defined period are  insured  under
  the  same  owner's  policy  of  liability  insurance  the certificate of
  insurance may so state and it shall then not be  necessary  to  identify
  the  specific  vehicle  insured. The requirements of this article for an
  owner's policy of liability insurance may be fulfilled by  the  policies
  of  one  or  more  insurance  carriers which policies together meet such
  requirements.
    (c) As to new policies, a statement that at least ten per cent of  the
  annual premium due on the policy has been paid. For the purposes of this
  paragraph  a  transfer  of  insurance  from one company to another by an
  agent or broker shall not be considered the issuance of a new policy.
    6. The term "financial  security  bond"  shall  mean  for  each  motor
  vehicle  a  bond  executed  by  the  owner  and by a surety company duly
  authorized to  transact  business  in  this  state.  The  provisions  of
  subdivision  (e)  of  section  three  hundred forty-nine of this chapter
  shall apply to such bond.
    7. The term "financial security deposit" shall  mean  for  each  motor
  vehicle  the  deposit  with  the  commissioner  of  twenty-five thousand
  dollars in cash, or securities, such as  may  legally  be  purchased  by
  savings  banks or trust funds, of a market value of twenty-five thousand
  dollars and an  additional  deposit  in  an  amount  determined  by  the
  commissioner  to  be  sufficient  to satisfy the requirements of article
  fifty-one of the insurance law.
    8. The term "self-insurer" shall mean a person  who  shall  have  been
  determined  by the commissioner in accordance with section three hundred
  sixteen to be financially responsible.
    9. The word "state" when used in this article shall unless the context
  clearly indicates otherwise, mean any state, territory or possession  of
  the  United  States,  the  District  of  Columbia or any province of the
  Dominion of Canada.
    10. "Insurance Identification Card" shall mean a card issued by or  on
  behalf  of  an  insurance  company or bonding company duly authorized to
  transact  business  in  this  state,  stating  in  such  form   as   the
  commissioner  may  prescribe  or approve that such company has issued an
  owner's policy of liability insurance or a financial  security  bond  on
  the  motor  vehicle  or  vehicles  designated  therein.  Such card shall
  contain such information and shall be valid during such period as may be
  prescribed by the commissioner. If an owner shall have filed a financial
  security deposit, or  shall  have  qualified  as  a  self-insurer  under
  section  three  hundred  sixteen  of  this  chapter, the term "insurance
  identification card" shall mean a card issued by  the  department  which
  evidences  that  such  deposit  has been filed or that such owner has so
  qualified.