New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 3 - AUTOMOBILE INSURANCE › Subchapter 1 - COMMERCIAL AUTOMOBILE INSURANCE PLAN › Section 11:3-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:
"Actively writing" means an insurer writing private passenger and/or commercial automobile liability or physical damage insurance in this State in the voluntary or involuntary market. This includes new business and/or renewals.
An "affiliate" of, or a person "affiliated" with, a specific person, means a person that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, the person specified.
"AIP" means the Automobile Insurance Plan comprised of the CAIP and the PAIP, established pursuant to this subchapter.
"AIP manager" means the entity employed by the Governing Committee to manage and conduct the affairs of the AIP on a daily basis.
"Automobile" means a private passenger automobile of a private passenger or station wagon type that is owned or hired, and is neither used as a public or livery conveyance for passengers nor rented to others with a driver; a motor vehicle with a pickup body, a delivery sedan, a van, or a panel truck or camper type vehicle used for recreational purposes, owned by an individual or jointly by individuals who are residents of the same household, not customarily used in the occupation, profession, or business of the insured other than farming or ranching; and solely for the purpose of this plan, a motorcycle as defined in
N.J.S.A. 39:1-1
. An automobile owned by a farm family co-partnership or corporation, which is principally garaged on a farm or ranch and otherwise meets this definition, shall be considered a private passenger automobile owned by two or more relatives, resident in the same household.
"Automobile insurance" means direct insurance against injury or damage, including the legal liability therefor, arising out of the ownership, operation, maintenance, or use of automobiles, including, but not limited to, personal injury protection insurance, bodily injury liability insurance, property damage liability insurance, physical damage insurance, and uninsured and underinsured motorist insurance.
"Automobile insurance urban enterprise zone" or "UEZ" means a geographic area identified by zip codes and designated by the Commissioner pursuant to N.J.A.C. 11:3-46.
"CAIP" means the Commercial Automobile Insurance Plan for all motor vehicles other than private passenger vehicles established pursuant to this subchapter and as set forth in the AIP plan of operation.
"Commissioner" means the Commissioner of the New Jersey Department of Banking and Insurance.
"Department" means the New Jersey Department of Banking and Insurance.
"Emergency type vehicle" means any land vehicle, used to respond to distress calls, fires, or rescues, propelled by other than muscular power and not run upon rails or tracks. This term includes, but is not limited to, fire trucks, rescue trucks, police cars, and ambulances.
"Insurer" means any person or persons, corporation, association, partnership, company, or other legal entity authorized to transact the business of private passenger automobile insurance in this State, except any residual market mechanism created by or pursuant to statute.
"LAD carrier" means a limited assignment distribution carrier, which is a participating insurer that agrees to accept the PAIP assignments of another insurer pursuant to this subchapter and procedures set forth in the AIP plan of operation.
"Light truck" means a vehicle with a gross vehicle weight (G.V.W.) of 10,000 pounds or less.
"Motor vehicle" means any land vehicle propelled otherwise than by muscular power, including trailers and semi-trailers, except such vehicles that run only upon rails or tracks.
"Operating headquarters" means the chief place of business where the principal officers generally transact business, and the place to which reports are made and from which orders emanate. It is the location where the executive offices are, corporate decisions are made, and corporate functions are performed.
"PAIP" means the Personal Automobile Insurance Plan for private passenger automobiles insurance established pursuant to this subchapter and as set forth in the AIP plan of operation.
"Participant" means an insurer licensed and authorized to write motor vehicle liability or physical damage insurance and specifically includes any insurer who writes all other automobile liability and all other automobile physical damage insurance.
"Participation" means a participant's mandatory sharing of CAIP premium, loss, and expense, using Voluntary All Other Automobile Direct Written Premiums as the basis for apportionment as set forth in the AIP plan of operation.
"Personal injury protection" means those benefits as set forth at
N.J.S.A. 39:6A-4
.
"Personal private passenger automobile insurance" means a policy of automobile insurance principally used to provide primary insurance on private passenger automobiles that are owned individually, or jointly by individuals who are residents of the same household, and used for personal, family, or household needs.
"Policy year" means the exposure and premiums for all policies written during a calendar year and all losses attributable to policies written during the same calendar year.
"Private passenger automobile" means a vehicle that meets the definition in N.J.S.A. 39:6A-2a, that is not eligible for coverage through any voluntary or residual market mechanism created by statute other than PAIP, and is owned by an individual or husband and wife; or owned jointly by two or more relatives other than husband and wife; or owned jointly by two or more resident individuals; or owned by a corporation, partnership, or unincorporated association, governmental agency, or registered to a professional designation (that is, T/A, PA, or P.C.) where such automobiles are furnished to individuals and are not used for business purposes.
"Private passenger type automobile" means a vehicle that meets the definition in N.J.S.A. 39:6A-2a and is owned by a corporation, partnership, or any other entity except an individual or husband and wife and used for business purposes.
"Voluntary All Other Automobile Direct Written Premiums" means automobile liability, personal injury protection, and physical damage premiums written by a participant on New Jersey risks, minus:
1. CAIP direct written premiums included in the figures that the participant wrote as a service carrier for CAIP;
2. Any direct written premiums included in the figures from insureds who are qualified applicants for any residual market mechanism created by statute other than the CAIP;
3. Any reinsurance premiums assumed from other insurers included in the figures;
4. Any premiums for death and disability coverage included in the figures;
5. Private passenger nonfleet automobile bodily injury and property damage liability, medical payments, basic and additional personal injury protection, and uninsured and underinsured motorists and physical damage voluntary premium;
6. Miscellaneous nonfleet specialty personal automobile bodily injury and property damage and physical damage liability voluntary premiums for any class approved by the Department as specified in the AIP plan of operation; and
7. Taxi bodily injury, property damage liability, uninsured and underinsured motorists and physical damage premiums.