ARTICLE10G

MOTORCYCLEAND MOTOR SCOOTER INSURANCE

 

Case Notes

 

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

 

PART I.Ā GENERAL PROVISIONS

 

Ā§431:10G-101Ā  Definitions.Ā  As used inthis article:

"Accidental harm" means bodilyinjury, death, sickness, or disease caused by a motorcycle or motor scooteraccident to a person.

"Injury" means accidental harm notresulting in death.

"Motorcycle" has the meaningprescribed by section 286-2.

"Motorcycle accident" means anaccident arising out of the operation, maintenance, or use of a motorcycle, butnot involving a motor vehicle.

"Motor scooter" has the meaningprescribed by section 286-2.

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

"Owner" means a person who holds thelegal title to a motorcycle or motor scooter; except that when a motorcycle ormotor scooter is the subject of a security agreement or lease with a term ofnot less than one year, with the debtor or lessee having the right ofpossession, the term owner shall mean the debtor or lessee.Ā  Whenever transferof title to a motorcycle or motor scooter occurs, the seller shall beconsidered the owner until delivery of the executed title to the buyer.Ā  Upondelivery of the executed title, the buyer holding the equitable title shall beconsidered the owner.

"Person" means, when appropriate tothe context, not only individuals, but corporations, firms, associations, andsocieties. [L 1989, c 208, pt of Ā§1]