NY Ins L § 5202 (2021)
2021 New York Laws ISC - Insurance Article 52 - Motor Vehicle Accident Indemnification Corporation 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.