N.Y. Comp. Codes R. & Regs. tit. 11 § 67.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 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with the owner's permission, as a substitute for the named insured's automobile when the named insured's automobile is withdrawn from normal use because of breakdown, repair, servicing, loss or destruction.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.

N.Y. Comp. Codes R. & Regs. Tit. 11 § 67.1

Amended by New York State Register December 31, 2014/Volume XXXVI, Issue 52, eff. 4/1/2015