ARTICLE 10G

MOTORCYCLE AND MOTOR SCOOTER INSURANCE

 

Case Notes

 

The plain language of this chapter as well as its legislative history disqualified plaintiff, who was injured by someone operating a motorcycle, from no-fault benefits. 91 H. 299 (App.), 983 P.2d 200.

 

PART I. GENERAL PROVISIONS

 

431:10G-101 Definitions. As used in this article:

"Accidental harm" means bodily injury, death, sickness, or disease caused by a motorcycle or motor scooter accident to a person.

"Injury" means accidental harm not resulting in death.

"Motorcycle" has the meaning prescribed by section 286-2.

"Motorcycle accident" means an accident arising out of the operation, maintenance, or use of a motorcycle, but not involving a motor vehicle.

"Motor scooter" has the meaning prescribed by section 286-2.

"Motor scooter accident" means an accident arising out of the operation, maintenance, or use of a motor scooter, but not involving a motor vehicle.

"Owner" means a person who holds the legal title to a motorcycle or motor scooter; except that when a motorcycle or motor scooter is the subject of a security agreement or lease with a term of not less than one year, with the debtor or lessee having the right of possession, the term owner shall mean the debtor or lessee. Whenever transfer of title to a motorcycle or motor scooter occurs, the seller shall be considered the owner until delivery of the executed title to the buyer. Upon delivery of the executed title, the buyer holding the equitable title shall be considered the owner.

"Person" means, when appropriate to the context, not only individuals, but corporations, firms, associations, and societies. [L 1989, c 208, pt of 1]

 

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