N.M. Admin. Code § 13.12.3.14

Current through Register Vol. 35, No. 21, November 5, 2024

Section 13.12.3.14 - REQUIRED POLICY DEFINITIONS

A. Insured means:

(1) the [*] as stated in the policy and, while residents of the same household, the spouse of any such [*] and relatives of either;

(2) any other person while occupying an insured motor vehicle; and

(3) any person with respect to damages he is entitled to recover because of bodily injury to which this endorsement applies sustained by an insured under Paragraphs (1) and (2) of Subsection A of 13.12.3.14 NMAC.

(4) The insurance applies separately with respect to each insured, but the application of the insurance to more than one insured shall not operate to increase the limits of the company's liability.

B. Insured motor vehicle means a motor vehicle:

(1) described in the schedule as an insured motor vehicle to which the bodily injury and property damage liability coverages of the policy apply;

(2) while temporarily used as a substitute for an insured motor vehicle as described in Paragraph (1) of Subsection B of 13.12.3.14 NMAC], when withdrawn from normal use because of its breakdown, repair, servicing, loss or destruction;

(3) while being operated by the [*] or by his spouse if a resident of the same household;

(4) but the term "insured motor vehicle" shall not include:

(a) a motor vehicle while used as a public or livery conveyance;

(b) a motor vehicle while being used without the permission of the owner;

(c) under Paragraphs (2) and (3) of Subsection B of 13.12.3.14 NMAC, a motor vehicle owned by the [*] or by any resident of the same household as such insured; or

(d) under Paragraphs (2) and (3) of Subsection B of 13.12.3.14 NMAC, a motor vehicle furnished for the regular use of the [*] or any resident of the same household.

C. Uninsured motor vehicle means:

(1) a motor vehicle with respect to the ownership, maintenance or use of which there is, in at least the amounts specified by the financial responsibility law of New Mexico, no bodily injury and property damage liability bond or insurance policy applicable at the time of the accident with respect to any person or organization legally responsible for the use of the motor vehicle, or with respect to which there is a bodily injury and property damage liability bond or insurance policy applicable at the time of the accident but the company writing the same denies coverage thereunder or is or becomes insolvent; or

(2) a hit-and-run motor vehicle as defined;

(3) but the term "uninsured motor vehicle" shall not include:

(a) an insured motor vehicle;

(b) a motor vehicle owned by or furnished for the regular use of the [*], his spouse, or a relative of either who is a resident of the same household;

(c) a motor vehicle which is owned or operated by a self-insurer within the meaning of any motor vehicle financial responsibility law, motor carrier law or similar law;

(d) a motor vehicle which is owned by the United States of America, Canada, a state, a political subdivision of any such government or agency of any of the foregoing;

(e) a land motor vehicle or trailer if operated on rails or crawler-treads or while located for use as a residence or premises and not as a vehicle; or

(f) a farm type tractor or equipment designed for use principally off public roads, except while actually upon public roads.

D. Hit-and-run motor vehicle means a motor vehicle which causes bodily injury to an insured or property damage arising out of physical contact or attempted physical contact of the motor vehicle with:

1) the insured;

2) a vehicle which the insured is occupying at the time of the accident; or

3) property of the insured, provided:

(1) there cannot be ascertained the identity of either the operator or the owner of such "hit-and-run motor vehicle";

(2) the insured or someone on his behalf shall have reported the accident within 24 hours to a police, peace or judicial officer or to the director of the motor vehicle division, and shall have filed with the company within 30 days thereafter a statement under oath that the insured or his legal representative has a cause or causes of action arising out of such accident for damages against a person or persons whose identity is unascertainable, and setting forth the facts in support thereof; and

(3) at the company's request, the insured or his legal representative makes available for inspection the motor vehicle which the insured was occupying at the time of the accident.

E. Occupying means in or upon or entering into or alighting from.

F. State includes the District of Columbia, a territory or possession of the United States, and a province of Canada.

N.M. Admin. Code § 13.12.3.14

7/1/97; 13.12.3.14 NMAC - Rn, 13 NMAC 12.3.14, 5/14/04