(a)  “Action” includes nonaction, inaction, or failure to take action.

Terms Used In Rhode Island General Laws 27-8.1-2

  • 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.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
  • Personal property: All property that is not real property.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9
  • United States: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8

(b)  “Authorized agency” means:

(1)  The state fire marshal, deputy fire marshal, or assistant deputy fire marshals;

(2)  The superintendent of state police, or principal investigating officer of the state police;

(3)  The attorney general or assistant attorneys general;

(4)  The chief, deputy chief, or principal investigating officer of the police department of the city or town where a fire occurs;

(5)  The chief, deputy chief, or principal investigating officer of the fire department of the city or town or fire district where a fire occurs;

(6)  The federal bureau of investigation or any comparable federal investigatory agency; or

(7)  The United States attorney or assistant district attorneys for the district where a fire occurs.

(c)  “Deemed crucial” means determined by an authorized agency acting within its sole discretion to be decisive or critical to an investigation and/or prosecution by that agency.

(d)  “Immune” means that neither a civil action nor a criminal prosecution may be maintained or instituted by virtue of any action taken pursuant to § 27-8.1-3, 27-8.1-4, or 27-8.1-5, or any other provision of this chapter, in the absence of actual malice on the part of the insurer, lending institution, party in interest, or authorized agency, against the insured.

(e)  “Insurer” means any insurance company incorporated by or under the laws of this state, and any foreign insurance company admitted to do business in this state, which issues fire insurance coverage on real or personal property risks located within the state.

(f)  “Lending institution” means any corporation incorporated by or under the law of this state and any foreign corporation admitted to do business in this state which makes any loan which is secured in whole or in part by a mortgage upon any interest in real property located in this state.

(g)  “Party in interest” means any person, firm, association, corporation, or other association of persons engaged:

(1)  In any phase of the business of fire coverage which is subject to the regulatory authority of the department of business regulation or the appropriate regulatory division of the department; or

(2)  In any phase of the business of making loans in association with, on behalf of, or in conjunction with a lending institution.

(h)  “Relevant” means having a propensity or tendency to make the existence of any fact, which is of consequence to the investigation or determination of an issue, more probable or less probable than in the absence of that information.

History of Section.
P.L. 1978, ch. 328, § 1; P.L. 1979, ch. 392, § 1; P.L. 1988, ch. 309, § 2; P.L. 1989, ch. 542, § 77.