§431:10C-105 - Self-insurance.

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

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

(2)  The commissioner is satisfied that in case ofinjury, death, or property damage, any claimant would have the same rightsagainst the owner as the claimant would have had if a motor vehicle insurancepolicy had been applicable to the vehicle.

(b)  A person desiring to qualify as a self-insurershall apply to the commissioner on a form or in a format approved by thecommissioner 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 limitself-insurer rent-a-car company's liability in the event of an accident inwhich renter was intoxicated was in violation of public policy.  85 H. 243, 942P.2d 507.

  Where there was no underlying insurance contract from whichthe duty of good faith settlement practices could arise, injured third-partyclaimant 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 thissection should be considered a defense, which the prosecution need not disproveunless 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.2d444.