Section Ins 1406.02 - Definitions(a) "Automobile insurance" means primary insurance, including non-owned vehicle only policies, against bodily injury or property damage, including legal liability, arising out of the ownership, operation, maintenance, or use of motor vehicle(s). The term includes medical payments insurance, physical damage insurance, uninsured motorists insurance, and other related insurance coverage arising out of the ownership, operation, maintenance, or use of motor vehicle(s), but does not include umbrella or excess coverage.(b) "Car year" means one vehicle insured for one 12-month period.(c) "Chargeable accident" means, for purposes of placement to the facility and as defined in a facility rate manual, an at-fault occurrence that results in bodily injury in excess of $750.00, death or property damage in excess of $1,500.00, but does not include an occurrence involving only bodily injury or property damage to the applicant or any operator of the automobile currently a resident in the same household, unless the said applicant or operator is convicted of a moving motor vehicle violation in connection with the occurrence.(d) "Commission allowance" means actual commissions paid to producers or other expenses incurred in lieu of producers' commission.(e) "Commissioner" means the commissioner of insurance.(f) "Continuation premium" means the premium that is periodically paid to maintain in-force a policy that is written on a continuous basis.(g) "Continuous basis" means a policy written on a condition indicating that such policy will be continued, renewed, or considered in-force if the required premium is paid to or received by the insurer on or before a specified date or a policy written on a continuous-until-cancelled basis.(h) "Continuous-until-cancelled" means a policy issued with no fixed expiration date that remains in-force until cancelled.(i) "Eligible risk" means a person who is a resident of New Hampshire when the policy is issued or renewed or the person's vehicle that is to be insured is exclusively garaged in New Hampshire when the policy is issued or renewed and, in either case, the person has at least one safe driver incentive plan (SDIP) point.(j) "Experience period" means the 3 years immediately preceding the effective date of the policy.(k) "Facility gross premium" means gross base premium.(l) "Fleet" means 5 or more motor vehicles of any type.(m) "Gross base premium" means premium charged to the insured before the application of any SDIP surcharge.(n) "Licensed driver" means any person with an authorized driver's license or any other license or permit to drive a vehicle issued under the laws of this state, including any temporary or learner's permit.(o) "Member" means an insurer authorized to write automobile insurance in the state of New Hampshire.(p) "Motor vehicle" means any of the following vehicles:(2) A pick-up truck, panel truck, or similar type vehicle;(3) Motorcycle, motorbike, motorscooter, or similar 2-wheel or 3-wheel vehicle;(4) Off highway recreational vehicles which are registerable under RSA 215-A; or(5) Motorhomes, meaning a self-propelled motor vehicle with a living area that is an integral part of the vehicle chassis or a pickup with a permanently attached camper body in which the living area or camper body consists of facilities for cooking and sleeping.(q) "New Hampshire automobile reinsurance facility (facility)" means the mandatory risk sharing plan, established pursuant to RSA 404-C:1, to provide a market mechanism for personal automobile insurance for eligible risks.(r) "Person" means any natural person, spouse, family member, or any individual with express or implied consent to use a motor vehicle.(s) "Policy of automobile insurance" means a policy issued with respect to any motor vehicle registered or exclusively garaged in this state, insuring a person as named insured, or one or more related individuals resident of the same household, and under which the insured vehicles therein designated includes a private passenger automobile.(t) "Policy period" means:(1) That period of time set forth in the policy itself during which the policy is to remain in effect; or(2) Twelve months if the policy contains no fixed expiration date or if the policy provides for a policy period of less than 12 months in duration.(u) "Private passenger automobile" means any motor vehicle as defined in (p) above written for personal, family, or household use that is intended for non-commercial coverage.(v) "Renewal" means the issuance and delivery by an insurer of a policy superseding at the end of the policy period a policy previously issued and delivered by the same insurer and having the types and limits of coverage at least equal to those contained in the policy being superseded.(w) "Replacement policy" means a policy that a company issues to replace a voluntary policy for the purpose of ceding the insured to the facility.(x) "Resident" means a person who is domiciled in the state of New Hampshire and who, through all of his or her actions, has demonstrated a current intent to designate this state as his or her true, fixed, and permanent residence to the exclusion of all others. Resident status shall not be lost by a temporary absence from this state, including but not limited to travel, military service, or being retired, if there is an intent to return to this state as the person's true, fixed, and permanent residence to the exclusion of all others. Resident includes a person who meets the definition of resident but is without a permanent street address due to homelessness.(y) "Safe Driver Incentive Plan (SDIP)" means the surcharge rating plan used with all policies to develop the surcharge portion of the total policy premium.(z) "Total policy premium" means the sum of all premiums for all liability and physical damage coverages.N.H. Admin. Code § Ins 1406.02
(See Revision Note #1 at chapter heading for Ins 1400)
Derived from Volume XLI Number 6, Filed February 11, 2021, Proposed by # 13162, Effective 1/25/2021, Expires 1/25/2031.Amended by Number 6, Filed February 9, 2023, Proposed by #13534, Effective 1/24/2023, Expires 1/24/2033.