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Terms Used In New Jersey Statutes 17:30D-3

  • person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
  • State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
3. As used in this act:

a. “Association” means the New Jersey Medical Malpractice Reinsurance Association established pursuant to the provisions of this act.

b. “Commissioner” means the Commissioner of Banking and Insurance.

c. “Licensed medical practitioner” means and includes all persons licensed in this State to practice medicine and surgery, chiropractic, podiatric medicine, dentistry, optometry, psychology, pharmacy, nursing, physical therapy and as a bioanalytical laboratory director.

d. “Medical malpractice liability insurance” means insurance coverage against the legal liability of the insured and against loss, damage or expense incident to a claim arising out of the death or injury of any person as the result of negligence or malpractice in rendering professional service by any licensed medical practitioner or health care facility or a claim arising out of ownership, operation or maintenance of the practitioner’s or facility’s business premises, including primary and excess coverages.

e. “Health care facility” means and includes all hospitals within this State, and any other health care facility as defined in the “Health Care Facilities Planning Act.” P.L.1971, c.136 (C. 26:2H-1 et seq.).

f. “Plan of operation” means the plan of operation of the association approved by the commissioner pursuant to the provisions of this act.

g. “Net direct premium written” means direct written personal injury liability and property damage liability insurance as provided in R.S.17:17-1 d. and e., excluding workmen’s compensation and employer’s liability insurance written in connection therewith, less policyholder dividends and return premiums for the unused or unabsorbed portion of premium deposits and excluding premiums ceded to or written by the association.

h. “Provider” means an insurer admitted and licensed in this State to write general liability insurance which has been qualified by the board of directors of the association and has not been disqualified by the commissioner.

L.1975,c.301,s.3; amended 1978, c.153, s.2; 2005, c.259, s.23.