Section 176.00. Insurance fraud; definition of terms  


Latest version.
  • The following definitions are applicable to this article:
        1.  "Insurance  policy" has the meaning assigned to insurance contract
      by subsection (a) of  section  one  thousand  one  hundred  one  of  the
      insurance  law  except it shall include reinsurance contracts, purported
      insurance policies and purported reinsurance contracts.
        2. "Statement" includes, but is not limited to, any notice,  proof  of
      loss,  bill  of  lading, invoice, account, estimate of property damages,
      bill for services, diagnosis, prescription, hospital or doctor  records,
      x-ray, test result, and other evidence of loss, injury or expense.
        3. "Person" includes any individual, firm, association or corporation.
        4. "Personal insurance" means a policy of insurance insuring a natural
      person against any of the following contingencies:
        (a)  loss  of  or  damage  to  real  property  used  predominantly for
      residential purposes and which consists of not more than  four  dwelling
      units, other than hotels, motels and rooming houses;
        (b)  loss  of  or damage to personal property which is not used in the
      conduct of a business;
        (c) losses or liabilities arising out of the ownership, operation,  or
      use of a motor vehicle, predominantly used for non-business purposes;
        (d)  other liabilities for loss of, damage to, or injury to persons or
      property, not arising from the conduct of a business;
        (e) death, including death by personal injury, or the continuation  of
      life,  or  personal injury by accident, or sickness, disease or ailment,
      excluding insurance providing disability benefits  pursuant  to  article
      nine of the workers' compensation law.
        A policy of insurance which insures any of the contingencies listed in
      paragraphs  (a)  through  (e)  of  this  subdivision  as  well  as other
      contingencies shall be personal insurance if that portion of the  annual
      premium  attributable  to  the listed contingencies exceeds that portion
      attributable to other contingencies.
        5.  "Commercial  insurance"  means  insurance  other   than   personal
      insurance,   and  shall  also  include  insurance  providing  disability
      benefits pursuant to article nine  of  the  workers'  compensation  law,
      insurance  providing  workers'  compensation  benefits  pursuant  to the
      provisions of the workers' compensation law  and  any  program  of  self
      insurance providing similar benefits.