Terms Used In Rhode Island General Laws > Chapter 5-11.1 - State Mobile Food Establishment Registration Act

• Account: means any one of the three (3) accounts created by §?27-34-6. See Rhode Island General Laws 27-34-5
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affiliate: means a person, who directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with another on December 31 of the year immediately preceding the date the insurer becomes an insolvent insurer. See Rhode Island General Laws 27-34-5
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Association: means the Rhode Island insurance guaranty association created under §?27-34-6. See Rhode Island General Laws 27-34-5
• Association similar to the association: means any guaranty association, security fund, or other insolvency mechanism that affords protection similar to that of the association. See Rhode Island General Laws 27-34-5
• Assumed claims transaction: means the following:

  (i)  Policy obligations that have been assumed by the insolvent insurer, prior to the entry of a final order of liquidation, through a merger between the insolvent insurer and another entity obligated under the policies, and for which assumption consideration has been paid to the applicable guaranty associations, if the merged entity is a non-member insurer;

  (ii)  Policy obligations that have been assumed by the insolvent insurer, prior to the entry of a final order of liquidation, pursuant to a plan, approved by the domestic commissioner of the assuming insurer, which:

  (A)  Transfers the direct policy obligations and future policy renewals from one insurer to another insurer; and

  (B)  For which assumption consideration has been paid to the applicable guaranty associations, if the assumption is from a non-member insurer. See Rhode Island General Laws 27-34-5

• Assumption consideration: shall mean the consideration received by a guaranty association to extend coverage to the policies assumed by a member insurer from a non-member insurer in any assumed claims transaction including liabilities that may have arisen prior to the date of the transaction. See Rhode Island General Laws 27-34-5
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Benefit contract: means the agreement for provision of benefits authorized by § 27-25-16, as that agreement is described in § 27-25-19(a). See Rhode Island General Laws 27-25-4
• Benefit member: means an adult member who is designated by the laws or rules of the society to be a benefit member under a benefit contract. See Rhode Island General Laws 27-25-4
• Certificate: means the document issued as written evidence of the benefit contract. See Rhode Island General Laws 27-25-4
• certificate: means any contract of insurance, indemnity, medical, health, or hospital service, suretyship, or annuity issued, proposed for issuance, or intended for issuance, by any insurer. See Rhode Island General Laws 27-29-2
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• Claimant: means any person instituting a covered claim; provided that no person who is an affiliate of the insolvent insurer may be a claimant. See Rhode Island General Laws 27-34-5
• Commissioner: means the director of the department of business regulation. See Rhode Island General Laws 27-29-2
• Commissioner: means the director of the department of business regulation or his or designee. See Rhode Island General Laws 27-30-2
• Commissioner: means the director of the department of business regulation or his or her designee. See Rhode Island General Laws 27-34-5
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Compensation: means commissions, dividends, retrospective rate credits, service fees, expense allowances or reimbursements, gifts, furnishing of equipment, facilities, goods, or services, or any other form of remuneration resulting directly from the sale of consumer credit insurance. See Rhode Island General Laws 27-30-2
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Consumer credit insurance: is a general term used in this chapter to refer to any or all credit life insurance, credit accident and health insurance, credit unemployment insurance specifically defined in this chapter. See Rhode Island General Laws 27-30-2
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Control: means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services, or otherwise, unless the power is the result of an official position with, or corporate office held by, the person. See Rhode Island General Laws 27-34-5
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Covered claim: means :

  (i)  An unpaid claim, including one for unearned premiums, submitted by a claimant, which arises out of and is within the coverage and subject to the applicable limits of an insurance policy to which this chapter applies if the insurer becomes an insolvent insurer after the effective date of this chapter and the policy was either issued by the insurer or assumed by the insurer in an assumed claims transaction, and:

  (A)  The claimant or insured is a resident of this state at the time of the insured event; provided, that for entities other than an individual, the residence of a claimant, insured, or policyholder is the state in which its principal place of business is located at the time of the insured event; or

  (B)  The claim is a first-party claim for damage to property with a permanent location in this state. See Rhode Island General Laws 27-34-5

• Credit accident and health insurance: means insurance on a debtor to provide indemnity for payments or debt becoming due on a specific loan or other credit transaction while the debtor is disabled as defined in the policy. See Rhode Island General Laws 27-30-2
• Credit life insurance: means insurance on a debtor or debtors, pursuant to or in connection with a specific loan or other credit transaction, to provide for satisfaction of a debt, in whole or in part, upon the death of an insured debtor. See Rhode Island General Laws 27-30-2
• Credit transaction: means any transaction by the terms of which the repayment of money loaned or loan commitment made, or payment for goods, services, or properties sold or leased, is to be made at a future date or dates. See Rhode Island General Laws 27-30-2
• Credit unemployment insurance: means insurance on a debtor to provide indemnity for payments or debt becoming due on a specific loan or other credit transaction while the debtor is involuntarily unemployed as defined in the policy. See Rhode Island General Laws 27-30-2
• Creditor: means the lender of money or vendor or lessor of goods, services, property, rights, or privileges, for which payment is arranged through a credit transaction or any successor to the right, title, or interest of any lender, vendor, or lessor, and an affiliate, associate, or subsidiary of any of them or any director, officer, or employee of any of them or any other person in any way associated with any of them. See Rhode Island General Laws 27-30-2
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Debtor: means a borrower of money or a purchaser or lessee of goods, services, property, rights, or privileges for which payment is arranged through a credit transaction. See Rhode Island General Laws 27-30-2
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the department of business regulation. See Rhode Island General Laws 5-11.1-3
• Dependent: A person dependent for support upon another.
• Director: means the director of the department of business regulation. See Rhode Island General Laws 5-11.1-3
• Domestic partnership: means two (2) people who are in an exclusive, intimate, and committed relationship with each other, and who certify by affidavit that their relationship meets the following qualifications:

  (i)  Both persons are at least eighteen (18) years of age and are mentally competent to contract;

  (ii)  Neither person is currently married to someone else;

  (iii)  The persons are not related by blood to a degree that would prohibit marriage in the state of Rhode Island;

  (iv)  The persons reside together and have resided together for at least one year prior to the date of the certified affidavit;

  (v)  The persons are financially interdependent as evidenced by two (2) of the following:

  (A)  A domestic partnership agreement or relationship contract;

  (B)  A joint mortgage or joint ownership of a primary residence;

  (C)  Two (2) of the following:

  (I)  Joint ownership of a motor vehicle;

  (II)  A joint checking account;

  (III)  A joint credit account;

  (IV)  A joint lease; and/or

  (D)  One person has been designated as a beneficiary for the other person's will, retirement contract, or life insurance. See Rhode Island General Laws 27-29-2

• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Event permit: means a permit that a city or town issues to the organizer of a public mobile food establishment event located on public property. See Rhode Island General Laws 5-11.1-3
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. ^{Source: OCC}
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. ^{Source: Federal Reserve}
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Grantor: The person who establishes a trust and places property into it.
• Gross debt: means the sum of the remaining payments owed to the creditor by the debtor. See Rhode Island General Laws 27-30-2
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• Identifiable charge: means a charge for a type of consumer credit insurance that is made to debtors having such insurance and not made to debtors not having such insurance; it includes a charge for insurance that is disclosed in the credit or other instrument furnished to the debtor that sets out the financial elements of the credit transaction and any difference in the finance, interest, service, or other similar charge made to debtors who are in like circumstances except for the insured or non-insured status of the debtor or of the property used as security for the credit transaction. See Rhode Island General Laws 27-30-2
• in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Insolvent insurer: means an insurer licensed to transact insurance in this state either at the time the policy was issued; when the obligation with respect to the covered claim was assumed under an assumed claims transaction; or when the insured event occurred, and against whom a final order of liquidation has been entered after the effective date of this chapter with a finding of insolvency by a court of competent jurisdiction in the insurer's state of domicile. See Rhode Island General Laws 27-34-5
• Insured: means the party named on a policy or certificate as the individuals with legal rights to the benefits provided by the policy. See Rhode Island General Laws 27-29-2
• Insured: means any named insured, any additional insured, any vendor, lessor, or any other party identified as an insured under the policy. See Rhode Island General Laws 27-34-5
• Insurer: means any person, reciprocal exchange, interinsurer, Lloyds insurer, fraternal benefit society, and any other legal entity engaged in the business of insurance, including agents, brokers, insurance producers, adjusters, and third-party administrators. See Rhode Island General Laws 27-29-2
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Laws: means the society's articles of incorporation, constitution, and bylaws, however designated. See Rhode Island General Laws 27-25-4
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License: means any license, certificate of authority, certificate of compliance, or other formal approval or authorization granted by the department of business regulation, division of insurance. See Rhode Island General Laws 27-29-2
• Lien: A claim against real or personal property in satisfaction of a debt.
• Line of credit: means an irrevocable stand-by commitment whereby the association or member insurer and a qualified financial institution or group of qualified financial institutions enter into a formal and binding contract in which the qualified financial institution or group of qualified financial institutions agree to lend a certain amount of money within a stated period of time. See Rhode Island General Laws 27-34-5
• Lodge: means subordinate member units of the society, known as camps, courts, councils, branches, or by any other designation. See Rhode Island General Laws 27-25-4
• Member insurer: means any person who:

  (A)  Writes any kind of insurance to which this chapter applies, under §?27-34-3, including the exchange of reciprocal or interinsurance contracts;

  (B)  Is licensed to transact insurance in this state; and

  (C)  Is not otherwise excepted from membership by statute or regulation. See Rhode Island General Laws 27-34-5

• Mobile food establishment: means a food service operation that is operated from a movable motor-driven or propelled vehicle, portable structure, or watercraft that can change location. See Rhode Island General Laws 5-11.1-3
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
• Municipal mobile food establishment permit: means a permit issued by a city or town to a mobile food establishment operator that possesses a current state mobile food establishment registration. See Rhode Island General Laws 5-11.1-3
• Net debt: means the amount necessary to liquidate the remaining debt in a single lump-sum payment, excluding all unearned interest and other unearned finance charges. See Rhode Island General Laws 27-30-2
• Net direct written premiums: means direct gross premiums written in this state on insurance policies to which this chapter applies, including policy and membership fees, less the following amounts: (i) Return premiums; (ii) Premiums on policies not taken; and (iii) Dividends paid or credited to policyholders on that direct business. See Rhode Island General Laws 27-34-5
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Novation: means that the assumed claim or policy obligations became the direct obligations of the insolvent insurer through consent of the policyholder and that thereafter the ceding insurer or entity initially obligated under the claims or policies is released by the policyholder from performing its claim or policy obligations. See Rhode Island General Laws 27-34-5
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• operator: means a person or corporate entity who or that owns, manages, or controls, or who or that has the duty to manage or control, the operation of a mobile food establishment. See Rhode Island General Laws 5-11.1-3
• Orthosis: means a custom fabricated brace or support that is designed based on medical necessity. See Rhode Island General Laws 27-29.2-2
• Orthotics: means the science and practice of evaluating, measuring, designing, fabricating, assembling, fitting, adjusting, or servicing, as well as providing the initial training necessary to accomplish the fitting of an orthosis for the support, correction, or alleviation of neuromuscular or musculoskeletal dysfunction, disease, injury, or deformity. See Rhode Island General Laws 27-29.2-2
• Oversight: Committee review of the activities of a Federal agency or program.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means any natural or artificial entity, including but not limited to: an individual, corporation, association, partnership, trust, or any other legal entity. See Rhode Island General Laws 27-29-2
• Person: means any individual, aggregation of individuals, corporation, partnership, or other entity. See Rhode Island General Laws 27-34-5
• person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
• Personal property: All property that is not real property.
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Premiums: means premiums, rates, dues, or other required contributions by whatever name known, that are payable under the certificate. See Rhode Island General Laws 27-25-4
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Prosthesis: means an artificial limb that is alignable or, in lower extremity applications, capable of weight bearing. See Rhode Island General Laws 27-29.2-2
• Prosthetics: means the science and practice of evaluating, measuring, designing, fabricating, assembling, fitting, aligning, adjusting, or servicing, as well as providing the initial training necessary to accomplish the fitting of a prosthesis through the replacement of external parts of a human body lost due to amputation or congenital deformities or absences. See Rhode Island General Laws 27-29.2-2
• Quorum: The number of legislators that must be present to do business.
• real estate: may be construed to include lands, tenements, and hereditaments and rights thereto and interests therein. See Rhode Island General Laws 43-3-10
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Receiver: means liquidator, rehabilitator, conservator, or ancillary receiver, as the context requires. See Rhode Island General Laws 27-34-5
• Registrant: means the holder of a "state mobile food establishment registration. See Rhode Island General Laws 5-11.1-3
• registration: means a registration issued by the department which authorizes a mobile food establishment to operate in the state. See Rhode Island General Laws 5-11.1-3
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• RIDOH: means the Rhode Island department of health. See Rhode Island General Laws 5-11.1-3
• Rules: means all rules, regulations, or resolutions adopted by the supreme governing body or board of directors that are intended to have general application to the members of the society. See Rhode Island General Laws 27-25-4
• Self-insurer: means a person that covers its liability through a qualified individual or group self-insurance program or any other formal program created for the specific purpose of covering liabilities typically covered by insurance. See Rhode Island General Laws 27-34-5
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Society: means fraternal benefit society, unless otherwise indicated. See Rhode Island General Laws 27-25-4
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trustee: A person or institution holding and administering property in trust.
• United States: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8
• vendor: means a person who prepares, sells, cooks, or serves food or beverages from a mobile food establishment. See Rhode Island General Laws 5-11.1-3
• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.