Terms Used In California Codes > Harbors and Navigation Code > Division 3 > Chapter 5 > Article 4 - Charter Boat Safety

• Adjusted RBC Report: means a Risk-Based Capital (RBC) report that has been adjusted by the commissioner in accordance with subdivision (b) or (c) of Section 739. See California Insurance Code 739
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Boat: means any vessel that is any of the following:

  California Harbors and Navigation Code 651

• Charter boat: means a for-hire vessel operating on navigable water of the state in the coastal zone, as defined in §. See California Harbors and Navigation Code 773.2
• Charterer: means a person who receives compensation for contracting with an operator to transport three or more passengers. See California Harbors and Navigation Code 773.2
• City: includes "city and county. See California Insurance Code 15
• Coast Guard: means the United States Coast Guard. See California Harbors and Navigation Code 773.2
• Commissioner: means the Insurance Commissioner of this State. See California Insurance Code 20
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Corrective Order: means an order issued by the commissioner specifying corrective actions that the commissioner has determined are required. See California Insurance Code 739
• County: includes "city and county. See California Insurance Code 14
• Domestic: means organized under the laws of this State, whether or not admitted. See California Insurance Code 26
• Domestic insurer: means any life or health insurer or property and casualty insurer organized in this state. See California Insurance Code 739
• Employee welfare benefit plan: as used in this article , has the same meaning as that contained in Section 1002(1) of Title 29 of the United States Code. See California Insurance Code 742.21
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• For-hire vessel: means a for-hire vessel as defined in §. See California Harbors and Navigation Code 773.2
• Foreign: means not organized under the laws of this State, whether or not admitted. See California Insurance Code 27
• Foreign insurer: means any life or health insurer or property and casualty insurer that is licensed to do business in this state but is not domiciled in this state. See California Insurance Code 739
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Life preserver: means a life preserver approved and certified by the Coast Guard and capable of providing at least 90 percent of factory-rated flotation capacity. See California Harbors and Navigation Code 773.2
• Multiple employer welfare arrangement: as used in this article has the same meaning as that contained in Section 1002(40)(A) of Title 29 of the United States Code. See California Insurance Code 742.21
• Operator: means a person owning, controlling, operating, or managing a for-hire vessel. See California Harbors and Navigation Code 773.2
• Partially self-funded: means a multiple employer welfare arrangement that undertook at all times and for a continuous period of five years to reimburse health benefit costs incurred by covered persons pursuant to the benefits and coverages provided by their plan exclusively from plan assets, provided, however, that these benefits are reimbursable to the multiple employer welfare arrangement by stop loss insurance only to the extent that the benefits exceed fifty thousand dollars ($50,000) per claim. See California Insurance Code 742.215
• Passenger: means every person carried on board a vessel other than any of the following:

  California Harbors and Navigation Code 651

• Person: means any individual, firm, partnership, for-profit corporation, nonprofit corporation, limited liability company, company, association, joint stock association, trustee, receiver, assignee, or other similar entity or representative. See California Harbors and Navigation Code 773.2
• Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Insurance Code 19
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Property and casualty insurer: means any admitted insurer writing insurance as described in Section 102, 103, 105, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 118, 119. See California Insurance Code 739
• RBC Instructions: means the RBC Report, including risk-based capital instructions adopted by the NAIC, and as the RBC Instructions may be amended by the NAIC from time to time in accordance with the procedures adopted by the NAIC. See California Insurance Code 739
• RBC Plan: means a comprehensive financial plan containing the elements specified in subdivision (b) of Section 739. See California Insurance Code 739
• RBC Report: means the report required in Section 739. See California Insurance Code 739
• Resident: means residing in this State, "nonresident" means not residing in this State. See California Insurance Code 30
• self-funded: means a multiple employer welfare arrangement that undertook at all times and for a continuous period of five years to reimburse health benefit costs incurred by covered persons pursuant to the benefits and coverages provided by their plan exclusively from plan assets. See California Insurance Code 742.215
• State: means a state of the United States, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the District of Columbia. See California Harbors and Navigation Code 651
• State: means the State of California, unless applied to the different parts of the United States. See California Insurance Code 28
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Total Adjusted Capital: means the sum of:

  California Insurance Code 739

• Trustee: A person or institution holding and administering property in trust.
• Use: means operate, navigate, or employ. See California Harbors and Navigation Code 651
• Vessel: includes every description of a watercraft or other artificial contrivance used or capable of being used as a means of transportation on water, except either of the following:

  California Harbors and Navigation Code 651