Sec. 261.1. Definitions

For purposes of this Part, the following definitions shall apply:

(a) Access plan means an arrangement for the providing of legal services on a prepaid fee basis, where such services are not dependent upon the happening of a fortuitous event in which the recipient of the services has, or is expected to have at the time of such happening, a material interest which will be adversely affected by the happening of such event; except that an access plan may agree to provide such services in the event a separate fee for each such service is charged, and the fee for the service fully covers the cost of rendition, including reasonable overhead.

(b) Attorney retainer agreement means an agreement by an individual, corporation, or other business entity to pay in advance a fee to an attorney, admitted to practice in the jurisdiction where the services are to be rendered, in order to retain or secure the right of access to the services of an attorney and for such services as may be provided in the future and disbursements related thereto, provided there is a provision for an accounting of the value of such retainer and any services provided.

(c) Certificate means any evidence of insurance coverage, or rider or endorsement thereto, issued to a group member under a group policy.

(d) Family member means a person, related to the insured by blood, marriage, adoption, dependency or operation of law, who resides in the same household (including a ward or foster child) or who is a dependent child away at school.

(e) Fortuitous event has the meaning ascribed in section 1101(a)(2) of the Insurance Law.

(f) Group member means a person or entity to whom a policy or certificate has been issued in connection with a group policy.

(g) Group master policy means a group policy issued to a group master policyholder and under which certificates are issued to group members, but does not include such certificates.

(h) Group master policyholder means the person or entity to whom a group master policy is issued.

(i) Insured means the person or entity covered under an individual policy, a group member under a group policy, or a family member, if family coverage is provided under the policy or certificate.

(j) Issue includes issue for delivery.

(k) Mass merchandising plan means a method of marketing individually issued policies to persons through an employer, association, organization, or other entity, with reasonably anticipated economies of acquisition or administration.

(l) Policy means a contract issued in connection with a prepaid legal services plan, including legal services insurance issued pursuant to such a plan.

(m) Prepaid legal services plan means an access plan as defined in subdivision (a) of this section, provided by an authorized insurer, and may also include legal services insurance.