§431:10C-105  Self-insurance.  (a)  The
motor vehicle insurance required by section 431:10C-104 may be satisfied by any
owner of a motor vehicle if:



(1)  The owner meets the requirements of part VI of
this article; and



(2)  The commissioner is satisfied that in case of
injury, death, or property damage, any claimant would have the same rights
against the owner as the claimant would have had if a motor vehicle insurance
policy had been applicable to the vehicle.



(b)  A person desiring to qualify as a self-insurer
shall apply to the commissioner on a form or in a format approved by the
commissioner pursuant to rules. [L 1987, c 347, pt of §2; am L 1997, c 251,
§16; am L 2000, c 24, §5; am L 2004, c 122, §39]



 



Cross References



 



  Self-insurer requirements, see §§431:10C-601 to 608.



 



Case Notes



 



  Use restriction in rental agreement purporting to limit
self-insurer rent-a-car company's liability in the event of an accident in
which renter was intoxicated was in violation of public policy.  85 H. 243, 942
P.2d 507.



  Where there was no underlying insurance contract from which
the duty of good faith settlement practices could arise, injured third-party
claimant had no right to sue self-insured car rental company for bad faith. 
105 H. 112, 94 P.3d 667.



  For purposes of  §431:10C-104(a), self-insurance under this
section should be considered a defense, which the prosecution need not disprove
unless some evidence to support the defense has been introduced.  90 H. 130
(App.), 976 P.2d 444.



  Proof of self-insurance under this section is a
"defense" within the meaning of §701-115.  90 H. 130 (App.), 976 P.2d
444.