Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 40 - Claims › Part 2 - Unfair Property/Casualty Claims Settlement Practices › Section 230-RICR-20-40-2.3 - Definitions

Current through June 14, 2024
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.