As used in sections 38a-17, 38a-19 and 38a-363 to 38a-388, inclusive:
(a) “Injury” means bodily injury, sickness or disease, including death resulting therefrom, accidentally caused and arising out of the ownership, maintenance or use of (1) a private passenger motor vehicle; or (2) a vehicle with a commercial registration, as defined in section 14-1.
(b) “Insurer” or “insurance company” includes a self-insurer and a person having the rights and obligations of an insurer under sections 38a-19 and 38a-363 to 38a-388, inclusive, as provided by section 38a-371.
(c) “Occupying” a vehicle means to be in or upon or entering into or alighting from the vehicle.
(d) “Owner” of a private passenger motor vehicle means the person who owns the legal title thereto, except where the motor vehicle is the subject of a security agreement or lease with option to purchase with the debtor or lessee having the right to possession, in which event “owner” means the debtor or lessee.
(e) “Private passenger motor vehicle” means a: (1) Private passenger type automobile; (2) station-wagon-type automobile; (3) camper-type motor vehicle; (4) high-mileage-type motor vehicle, as defined in section 14-1; (5) truck-type motor vehicle with a load capacity of fifteen hundred pounds or less, registered as a passenger motor vehicle, as defined in said section, or as a passenger and commercial motor vehicle, as defined in said section, or used for farming purposes; or (6) a vehicle with a commercial registration, as defined in said section. It does not include a motorcycle or motor vehicle used as a public or livery conveyance.
(f) “Relative” of a person means one who is related to the person by blood, marriage or adoption.
(g) “Use” of a motor vehicle includes the loading or unloading thereof.
(h) “Pedestrian” means any person not occupying a vehicle of any type other than a vehicle designed to be drawn or driven by muscular power.
(1972, P.A. 273, S. 1; P.A. 74-17, S. 1, 2; P.A. 76-182, S. 1; P.A. 80-128; P.A. 81-394, S. 7; P.A. 84-429, S. 73; P.A. 93-297, S. 10, 29; P.A. 94-243, S. 4; P.A. 01-139, S. 5; P.A. 05-288, S. 142; P.A. 08-110, S. 1; 08-150, S. 38; P.A. 13-134, S. 12.)
History: P.A. 74-17 defined “pedestrian” in new Subdiv. (l); P.A. 76-182 redefined “economic loss” to include losses incurred by persons unemployed at time of accident, i.e. equivalency of unemployment compensation benefits; P.A. 80-128 redefined “private passenger motor vehicle”; P.A. 81-394 amended Subdiv. (g) to include a high-mileage type motor vehicle within the definition of “private passenger motor vehicle”; P.A. 84-429 made technical changes for statutory consistency; Sec. 38-319 transferred to Sec. 38a-363 in 1991; P.A. 93-297 deleted definitions of “basic reparations insured”, “economic loss”, “added reparations benefits” and “basic reparations benefits” and relettered the remaining Subdivs. accordingly, effective January 1, 1994, and applicable to acts or omissions occurring on or after said date; P.A. 94-243 redefined “injury” to include injuries involving vehicles with commercial registrations and redefined “private passenger motor vehicle” to include vehicles with commercial registrations; P.A. 01-139 applied definitions to Sec. 38a-17, and applied definition of an “insurer” to an “insurance company”; P.A. 05-288 made a technical change in Subdiv. (a), effective July 13, 2005; P.A. 08-110 made a technical change in Subdiv. (a), effective May 27, 2008; P.A. 08-150 amended Subdiv. (a) to insert Subpara. (1) and (2) designators and make a technical change; P.A. 13-134 made a technical change in Subdiv. (e).
Annotations to former section 38-319:
Cited. 169 C. 267; 181 C. 650; 186 C. 507; 187 C. 451; 194 C. 129; 200 C. 630; 203 C. 45.
Cited. 3 CA 240; Id., 432; 22 CA 27; judgment reversed, see 217 C. 631.
Cited. 31 CS 229; 36 CS 317; Id., 561; 37 CS 723; 38 CS 318. A police car is a private passenger motor vehicle within definition of statute. 39 CS 165.
Annotation to present section:
Cited. 25 CA 492; judgment reversed, see 222 C. 744. Courts have interpreted section to require physical contact with the insured vehicle in order for one to “occupy” it and in order to trigger coverage. 181 CA 852.
Structure Connecticut General Statutes
Chapter 700 - Property and Casualty Insurance
Section 38a-305. (Formerly Sec. 38-107). - Additional powers of fire insurance companies.
Section 38a-307. (Formerly Sec. 38-98). - Standard form.
Section 38a-308. (Formerly Sec. 38-99). - Provisions of policy or contract.
Section 38a-310. (Formerly Sec. 38-101). - Combination standard form of fire insurance policy.
Section 38a-312. (Formerly Sec. 38-103). - Renewal certificates.
Section 38a-313. (Formerly Sec. 38-104). - Replacement insurance.
Section 38a-313b. - Coverage for perishable food donated by certain food establishments.
Section 38a-314. (Formerly Sec. 38-105). - Conditions to be stated in body of policy.
Section 38a-315. (Formerly Sec. 38-106). - Form of policies in other states.
Section 38a-316. (Formerly Sec. 38-114). - Premium notes subject to set-off.
Section 38a-316e. - Matching of adjacent items under real property covered loss.
Section 38a-316f. - Flood insurance coverage offering.
Section 38a-316g. - Cancellation of homeowners insurance policies. Notice refund of excess premium.
Section 38a-317. (Formerly Sec. 38-114g). - Owner of mobile home eligible for homeowners policy.
Section 38a-321. (Formerly Sec. 38-175). - Liability of insurer under liability policy.
Section 38a-322. (Formerly Sec. 38-185v). - Binders for personal and commercial risk insurance.
Section 38a-322a. - Certificate of insurance. Prohibitions. Investigation.
Section 38a-323c. - Notice of late fee amount and applicability re personal risk insurance policies.
Section 38a-327. (Formerly Sec. 38-17a). - Regulations on claims-made policies.
Section 38a-330. - Transfer of policy to affiliate due to merger or acquisition. Notice.
Section 38a-331. - Healthy Homes Fund. Surcharge.
Section 38a-334. (Formerly Sec. 38-175a). - Minimum provisions in automobile liability policies.
Section 38a-335a. - Disclosure of automobile insurance policy limits.
Section 38a-336. (Formerly Sec. 38-175c). - Uninsured and underinsured motorist coverage.
Section 38a-336a. - Underinsured motorist conversion coverage.
Section 38a-336b. - Subrogation against owner or operator of underinsured motor vehicle prohibited.
Section 38a-336c. - Claims for uninsured or underinsured motorist benefits.
Section 38a-337. (Formerly Sec. 14-130). - Apportionment of risks.
Section 38a-340. (Formerly Sec. 38-175e). - Binders, renewal endorsements and evidences of renewal.
Section 38a-342. (Formerly Sec. 38-175g). - Bases for cancellation.
Section 38a-344. (Formerly Sec. 38-175j). - Proof of notice.
Section 38a-345. (Formerly Sec. 38-175k). - Notice of possible eligibility for assigned risk plan.
Section 38a-346. (Formerly Sec. 38-175l). - Liability of persons furnishing information to insured.
Section 38a-351a. - Collision deductible included in subrogation demand.
Section 38a-363. (Formerly Sec. 38-319). - Definitions.
Section 38a-370. (Formerly Sec. 38-326). - Residual liability insurance.
Section 38a-371. (Formerly Sec. 38-327). - Mandatory security requirements.
Section 38a-379. (Formerly Sec. 38-335). - Civil action to enforce rights and obligations.
Section 38a-385. (Formerly Sec. 38-341). - Assigned risk plan.
Section 38a-388. (Formerly Sec. 38-350). - Conflict with chapters 246, 247, 248.
Section 38a-389. - Filing of rates to reflect premium savings. Prior rate approval.
Section 38a-397. - Portable electronics insurance.
Section 38a-398. - Travel Insurance.
Section 38a-398a. - Travel insurance and suicide. Prohibition on coverage exclusion.