Legislation
SECTION 96
Definitions; interpretation of article
Defense Emergency Act 1951 784/51 (DEA) CHAPTER 784-51, ARTICLE 7-A
§ 96. Definitions; interpretation of article. 1. When used in this
article, the following terms shall mean and include the following:
(a) "Organization"--any insurer, rating organization, service or
advisory organization, joint underwriting association, welfare or
pension fund, which is subject, in whole or in part, to the insurance
law of this state.
(b) "Domestic organization"--any "organization" which is domiciled in
this state, including, insofar as the provisions of this article may
appropriately apply thereto, any welfare or pension fund or United
States branch of an alien insurer.
(c) "Charter"--the certificate of organization or incorporation or
special law incorporating a corporation together with its by-laws, or
the agreement establishing a fund or association together with its
constitution and by-laws.
(d) "Acute emergency"--a period in which, by reason of loss of life,
epidemic disease, destruction or damage of property, contamination of
property by radiological, chemical or bacteriological means, or
disruption of the means of transportation and communication, resulting
from an attack, as defined in subdivision two of section three of this
chapter, it is impossible or impracticable for the business of insurance
in this state to be conducted in strict accord with the provisions of
law or "charters" applicable thereto.
(e) "Board"--the board of directors, board of trustees, committee or
similar body having control of the affairs of an "organization."
(f) "Director"--a director, trustee, or member of a "board".
(g) "Acting director"--an acting "director" elected or appointed in
accordance with this article.
(h) "Officer"--an officer of a "domestic organization".
(i) "Acting officer"--an acting "officer" appointed in accordance with
this article.
(j) "Quorum"--the minimum number of "directors" required by charter
and law other than this article, to be present for valid action to be
taken at a meeting of a "board" with respect to each particular item of
business which may come before such meeting.
(k) "Superintendent"--the superintendent of financial services or
person duly designated to exercise the powers of that office during an
"acute emergency".
2. This article does not, and shall not be construed to, limit the
powers of any organization or permit or require any organization which
is not domiciled in this state or any branch, office, or agency of such
organization or the directors, officers, members, policyholders or
stockholders of any such organization to act, or fail to act, in such
fashion as would violate the laws of the jurisdiction wherein such
organization has its domicile.
article, the following terms shall mean and include the following:
(a) "Organization"--any insurer, rating organization, service or
advisory organization, joint underwriting association, welfare or
pension fund, which is subject, in whole or in part, to the insurance
law of this state.
(b) "Domestic organization"--any "organization" which is domiciled in
this state, including, insofar as the provisions of this article may
appropriately apply thereto, any welfare or pension fund or United
States branch of an alien insurer.
(c) "Charter"--the certificate of organization or incorporation or
special law incorporating a corporation together with its by-laws, or
the agreement establishing a fund or association together with its
constitution and by-laws.
(d) "Acute emergency"--a period in which, by reason of loss of life,
epidemic disease, destruction or damage of property, contamination of
property by radiological, chemical or bacteriological means, or
disruption of the means of transportation and communication, resulting
from an attack, as defined in subdivision two of section three of this
chapter, it is impossible or impracticable for the business of insurance
in this state to be conducted in strict accord with the provisions of
law or "charters" applicable thereto.
(e) "Board"--the board of directors, board of trustees, committee or
similar body having control of the affairs of an "organization."
(f) "Director"--a director, trustee, or member of a "board".
(g) "Acting director"--an acting "director" elected or appointed in
accordance with this article.
(h) "Officer"--an officer of a "domestic organization".
(i) "Acting officer"--an acting "officer" appointed in accordance with
this article.
(j) "Quorum"--the minimum number of "directors" required by charter
and law other than this article, to be present for valid action to be
taken at a meeting of a "board" with respect to each particular item of
business which may come before such meeting.
(k) "Superintendent"--the superintendent of financial services or
person duly designated to exercise the powers of that office during an
"acute emergency".
2. This article does not, and shall not be construed to, limit the
powers of any organization or permit or require any organization which
is not domiciled in this state or any branch, office, or agency of such
organization or the directors, officers, members, policyholders or
stockholders of any such organization to act, or fail to act, in such
fashion as would violate the laws of the jurisdiction wherein such
organization has its domicile.