Definitions - Applicable to sections 26.1-40-15.1 through 26.1-40-15.7
N.D. Cent. Code § 26.1-40-15.1
in effect26.1-40-15.1. Definitions - Applicable to sections 26.1-40-15.1 through 26.1-40-15.7
As used in sections 26.1-40-15.1 through 26.1-40-15.7 and unless the context otherwise
requires:
1. "Motor vehicle" means a vehicle, excluding motor vehicles weighing more than twenty
thousand pounds, having two or more load-bearing wheels, of a kind required to be
registered under the laws of this state relating to motor vehicles, designed primarily for
operation upon the public streets, roads, and highways, and driven by power other
than muscular power, and includes a trailer drawn by or attached to such a vehicle.
2. "Underinsured motor vehicle" means a motor vehicle for which there is a bodily injury
liability insurance policy, or bond providing equivalent liability protection, in effect at the
time of the accident, but the applicable limit of bodily injury liability of such policy or
bond:
a. Is less than the applicable limit for underinsured motorist coverage under the
insured's policy; or
b. Has been reduced by payments to other persons injured in the accident to an
amount less than the limit for underinsured motorist coverage under the insured's
policy.
3. "Uninsured motor vehicle" means a motor vehicle for which:
a. There is no bodily injury liability insurance policy, or bond providing equivalent
liability protection, in effect at the time of the accident.
b. There is an applicable policy or bond, but the insurer or issuer thereof refuses to
provide coverage, denies coverage, or is or becomes insolvent as defined in
section 26.1-42.1-02.
c. The identity of the owner or operator cannot be ascertained and the bodily injury,
sickness, disease, or death of the insured is either caused by actual physical
contact of such motor vehicle with the insured, or with a motor vehicle occupied
by the insured, or is independently verified by a disinterested witness.
4. The terms "uninsured motor vehicle" and "underinsured motor vehicle" do not mean a
motor vehicle:
a. Insured under the liability coverage of the same policy of which the uninsured
motorist or underinsured motorist coverage is a part.
b. Owned by any governmental unit, political subdivision, or agency thereof.
c. Located for use as a residence or premises.
d. With respect to uninsured motorist coverage, a self-insured motor vehicle within
the meaning of the financial or safety responsibility law of the state in which the
motor vehicle is registered, or any similar state or federal law.
e. Operated by any person who is specifically excluded from coverage in the policy.
The term "underinsured motor vehicle" may not be construed to include an "uninsured
motor vehicle".
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t26-1c40.pdf#nameddest=26p1-40-15p1Fetched: 10/16/2026