N.Y. Insurance Law § 5202: Definitions

§ 5202. Definitions. In this article:

(a) "Motor vehicle" means a motor vehicle as defined in section one

hundred twenty-five of the vehicle and traffic law and also includes

trailers, semi-trailers, motorcycles, tractors and snowmobiles as

defined in subdivision three of section 21.05 of the parks, recreation

and historic preservation law and shall exclude fire and police

vehicles, self-propelled combines, self-propelled corn and hay

harvesting machines and tractors used exclusively for agricultural

purposes.

(b) "Qualified person" means (i) a resident of this state, other than

an insured or the owner of an uninsured motor vehicle and his spouse

when a passenger in such vehicle, or his legal representative, or (ii) a

resident of another state, territory or federal district of the United

States or province of the Dominion of Canada, or foreign country, in

which recourse is afforded, to residents of this state, of substantially

similar character to that provided for by this article, or his legal

representative. It does not include any operator of or passenger on a

snowmobile. In this subsection, "operator" means every person who

operates or is in actual physical control of a snowmobile, whether or

not it is under way.

(c) "Insured motor vehicle" means a motor vehicle as to which there is

maintained proof of financial security as defined in subdivision three

of section three hundred eleven of the vehicle and traffic law or

section 25.13 of the parks, recreation and historic preservation law.

(d) "Uninsured motor vehicle" means a motor vehicle other than a motor

vehicle described in subsection (c) hereof.

(e) "Insurer" means any company authorized by the superintendent to do

any form of motor vehicle liability insurance business in this state.

(f) "Corporation" means the "motor vehicle accident indemnification

corporation".

(g) "Board" means the board of directors of the corporation.

(h) "Member" means any insurer authorized to write motor vehicle

liability insurance in this state and any self-insurer subject to

section three hundred sixteen or three hundred seventy of the vehicle

and traffic law.

(i) "Insured" means a person defined as an insured under the coverage

required by subsection (f) of section three thousand four hundred twenty

of this chapter.

(j) "Financially irresponsible motorist" means the owner, operator, or

other person legally responsible for the operation of an uninsured motor

vehicle involved in an accident resulting in personal injury or death

who did not have in effect at the time of such accident either:

(1) a valid and collectible policy of bodily injury liability and

property damage liability insurance or bond with applicable limits at

least equal to those specified in section three hundred eleven of the

vehicle and traffic law; or

(2) a certificate of self insurance issued by the department of motor

vehicles pursuant to section three hundred sixteen of the vehicle and

traffic law; or

(3) who has not otherwise complied with the provisions of section

three hundred twelve of the vehicle and traffic law; or

(4) who does not have in effect at the time of such accident a valid

and collectible policy of bodily injury liability and property damage

liability insurance with applicable limits at least equal to those

specified in section 25.13 of the parks, recreation and historic

preservation law.

(k) "Commissioner" means the commissioner of motor vehicles.

(l) "Court" means the supreme court, the county court or the civil

court of the city of New York, in the county where an action on the

cause of action of the qualified person could properly be brought for

trial.