Conn. Gen. Stat. § 38a-363

Current with legislation from the 2024 Regular and Special Sessions.

Section 38a-363 - (Formerly Sec. 38-319). Definitions

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.

Conn. Gen. Stat. § 38a-363

(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.)

Annotations to former section 38-319: Cited. 169 Conn. 267; 181 C. 650; 186 Conn. 507; 187 C. 451; 194 C. 129; 200 C. 630; 203 Conn. 45. Cited. 3 CA 240; Id., 432; 22 Conn.App. 27; judgment reversed, see 217 Conn. 631. Cited. 31 Conn.Supp. 229; 36 CS 317; Id., 561; 37 CS 723; 38 Conn.Supp. 318. A police car is a private passenger motor vehicle within definition of statute. 39 CS 165. Annotation to present section: Cited. 25 Conn.App. 492; judgment reversed, see 222 Conn. 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.