North Dakota Code 26.1-40-15.1 – Definitions – Applicable to sections 26.1-40-15.1 through 26.1-40-15.7
As used in sections 26.1-40-15.1 through 26.1-40-15.7 and unless the context otherwise requires:
Terms Used In North Dakota Code 26.1-40-15.1
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- Verified: means sworn to before an officer authorized to administer oaths. See North Dakota Code 1-01-42
1. “Motor vehicle” means a vehicle, excluding motor vehicles weighing more than twenty thousand pounds, having two or more load-bearing wheels, of a kind required to be registered under the laws of this state relating to motor vehicles, designed primarily for operation upon the public streets, roads, and highways, and driven by power other than muscular power, and includes a trailer drawn by or attached to such a vehicle.
2. “Underinsured motor vehicle” means a motor vehicle for which there is a bodily injury liability insurance policy, or bond providing equivalent liability protection, in effect at the time of the accident, but the applicable limit of bodily injury liability of such policy or bond:
a. Is less than the applicable limit for underinsured motorist coverage under the insured’s policy; or
b. Has been reduced by payments to other persons injured in the accident to an amount less than the limit for underinsured motorist coverage under the insured’s policy.
3. “Uninsured motor vehicle” means a motor vehicle for which:
a. There is no bodily injury liability insurance policy, or bond providing equivalent liability protection, in effect at the time of the accident.
b. There is an applicable policy or bond, but the insurer or issuer thereof refuses to provide coverage, denies coverage, or is or becomes insolvent as defined in section 26.1-42.1-02.
c. The identity of the owner or operator cannot be ascertained and the bodily injury, sickness, disease, or death of the insured is either caused by actual physical contact of such motor vehicle with the insured, or with a motor vehicle occupied by the insured, or is independently verified by a disinterested witness.
4. The terms “uninsured motor vehicle” and “underinsured motor vehicle” do not mean a motor vehicle:
a. Insured under the liability coverage of the same policy of which the uninsured motorist or underinsured motorist coverage is a part.
b. Owned by any governmental unit, political subdivision, or agency thereof. c. Located for use as a residence or premises.
d. With respect to uninsured motorist coverage, a self-insured motor vehicle within the meaning of the financial or safety responsibility law of the state in which the motor vehicle is registered, or any similar state or federal law.
e. Operated by any person who is specifically excluded from coverage in the policy. The term “underinsured motor vehicle” may not be construed to include an “uninsured motor vehicle”.