§ 4671. Definitions

As used in this subchapter:

(1) "Accident" means any occurrence with a motor vehicle involving the applicant, insured, or any operator of a private passenger type motor vehicle currently a resident in the same household which results in physical contact between the motor vehicle owned or operated by the insured or applicant, and a person or another object.

(2) "Conviction" means a judicial determination of guilt by a court of competent jurisdiction regardless of whether a trial was held and regardless of whether a sentence was imposed. It shall include a plea of nolo contendere, a finding of guilt as the result of a defendant's voluntary nonappearance in court or a conviction after appellate remand. It shall not include a conviction reversed with finality.

(3) "Experience period" means the three years immediately preceding the date of application or the 39 months preceding the renewal date of the policy.

(4) "Insured" means a person owning a private passenger type automobile and includes a relative of an owner, or a minor in the custody of an owner or relative, if the relative or minor resides in the same household as does an owner.

(5) "Surcharge" means any amount of premium charged to or paid by an applicant or insured based on experience or record which makes the amount of the premium greater than that imposed on or charged to other applicants or insureds having more favorable experience or records. (Added 1975, No. 75; amended 1993, No. 196 (Adj. Sess.), § 1.)