58-44-35. Judge to select umpire.
Any resident judge of the superior court of the district in which the property insured is located is designated as the judge of the court of record to select the umpire referred to in the standard form of policy as set forth in G.S. 58-44-16(f)(14). The judge may not select the umpire until all of the following conditions have been met:
(1) Proof of notice to all parties of record has been filed with the court, and at least 15 days have passed since the filing of the proof of notice.
(2) Upon the request of any party of record, the judge has conducted a hearing. The hearing by the judge shall be governed by the practice for hearings in other civil actions before a judge without a jury and shall be limited to the issue of umpire selection. (1945, c. 378; 2013-199, s. 23.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 44 - Property Insurance Policies.
§ 58-44-1 - Terms and conditions must be set out in policy.
§ 58-44-5 - Items to be expressed in policies.
§ 58-44-16 - Fire insurance policies; standard fire insurance policy provisions.
§ 58-44-20 - Standard policy; permissible variations.
§ 58-44-30 - Notice by insured or agent as to increase of hazard, unoccupancy and other insurance.
§ 58-44-35 - Judge to select umpire.
§ 58-44-40 - Effect of failure to give notice of encumbrance.
§ 58-44-45 - Policy issued to husband or wife on joint property.
§ 58-44-50 - Bar to defense of failure to render timely proof of loss.
§ 58-44-55 - Farmowners' and other property policies; ice, snow, or sleet damage.
§ 58-44-70 - Purpose and scope.
§ 58-44-80 - Notification of right to mediate.
§ 58-44-85 - Request for mediation.
§ 58-44-95 - Scheduling of mediation; qualification of mediator.
§ 58-44-100 - Conduct of the mediation conference.
§ 58-44-110 - Nonparticipation in mediation program.