230 R.I. Code R. 230-RICR-20-40-2.3

Current through October 15, 2024

Section 230-RICR-20-40-2.3 - Definitions

A. All definitions contained in R.I. Gen. Laws Chapters 27-9.1 and 27-29 are hereby incorporated by reference. As otherwise used in this Part :

1. "Aftermarket part," as defined in R.I. Gen. Laws § 27-10.2-1, means a motor vehicle body replacement part that is not an original equipment manufacturer part.

2. "Automobile body shop," means as defined in R.I. Gen. Laws § 5-38-1.

3. "Agent" means any individual, corporation, association, partnership or other legal entity authorized to represent an insurer with respect to a claim.

4. "Claimant" means either a first party claimant, a third-party claimant, or both.

5. "Claim file" means any retrievable electronic file, paper file or combination of both.

6. "Days" means calendar days.

7. "Department" means the Rhode Island Department of Business Regulation.

8. "Director" means the Director of the Department of Business Regulation or his or her designee.

9. "Division" means the Insurance Division of the Department of Business Regulation.

10. "Documentation" means, but is not limited to, all pertinent communications, transactions, notes, work papers, claim forms, bills, and explanation of benefits forms relative to the claim.

11. "Fair market value" means the retail value of a motor vehicle as set forth in a current edition of a nationally recognized compilation of retail values commonly used by the automotive industry to establish values of motor vehicles.

12. "First party claimant" means an individual, corporation, association, partnership or other legal entity asserting a right to payment under his, her or its insurance policy or insurance contract arising out of a loss covered by the policy or contract.

13. "Investigation" means all activities of an insurer directly or indirectly related to the determination of liabilities under coverages afforded by an insurance policy or insurance contract.

14. "Notification of claim" means any notification, by a claimant, whether in writing or other means, acceptable under the terms of an insurance policy to an insurer or its agent which reasonably apprises the insurer of the facts pertinent to a claim.

15. "Original equipment manufacturer part" or "OEM part" means as defined in R.I. Gen. Laws § 27-10.2-1(2).

16. "Replacement vehicle" means a motor vehicle which is of like kind and quality. A motor vehicle of like kind and quality shall be:

a. manufactured by the same manufacturer;

b. be the same or newer model year;

c. have a similar body style;

d. have similar options and mileage; and e. be in as good or better overall condition as the motor vehicle deemed to be a total loss.

17. "Third party claimant" means any person asserting a claim against any person holding insured status under a policy or certificate of an insurer.

18. "Writing" means electronic communications pursuant to R.I. Gen. Laws Chapter 42-127.1.

19. "Written communications" means all correspondence, regardless of source or type that is materially related to the handling of the claim.

230 R.I. Code R. 230-RICR-20-40-2.3

Amended effective 6/11/2019
Amended effective 12/24/2019