§ 26.1-26.7-01 — Definitions

North Dakota § 26.1-26.7-01

• Jurisdiction: North Dakota
• Title 26.1: Insurance
• Ch. 26.1-26.7: Portable Electronics Insurance

Text

For purposes of this chapter:
1. "Business entity" means a corporation, association, partnership, limited liability
company, limited liability partnership, or other legal entity.
2. "Customer" means a person that purchases a portable electronic device or services
related to the use of a portable electronic device.
3. "Enrolled customer" means a customer that elects coverage under a portable
electronics insurance policy issued to a vendor of portable electronic devices.
4. "Location" means any physical location in this state or any website, call center site, or
similar location directed to residents of this state.
5. "Person" means an individual or a business entity.
6. "Portable electronic device":
a. Means personal, self-contained, easily carried by hand, battery-operated
electronic communication, viewing, listening, recording, gaming, computing, or
global positioning devices, including cellular or satellite phones, personal global
positioning satellite units, portable computers, portable audio listening, video
viewing or recording devices, digital cameras, video camcorders, portable gaming
systems, docking stations, and accessories for any of these devices with a retail
value of less than five thousand dollars.
b. Does not include telecommunications switching equipment, transmission wires,
cell site transceiver equipment, or other equipment and systems used by
telecommunications companies to provide telecommunications service to
consumers.
7. "Portable electronics insurance" means insurance providing coverage for the repair or
replacement of portable electronic devices due to one or more of the following causes
of loss: loss, theft, inoperability due to mechanical failure, malfunction, damage, or
other similar cause of loss. The term includes any agreement whereby a person, in
exchange for consideration paid, agrees to provide for the future repair or replacement
of a portable electronic device. The term does not include:
a. A property service contract as defined under section 9-01-21;
b. A policy of insurance covering a seller's or a manufacturer's obligations under a
warranty; or
c. A homeowner's, renter's, private passenger automobile, commercial multi-peril, or
similar policy.
8. "Portable electronics transaction" means the sale or lease of portable electronic
devices by a vendor to a customer or the sale of a service related to the use of a
portable electronic device by a vendor to a customer.
9. "Vendor" means a person in the business of engaging in portable electronics
transactions, directly or indirectly.