58-44-70. Purpose and scope.
(a) This Part provides for a nonadversarial alternative dispute resolution procedure for a facilitated claim resolution conference prompted by the critical need for effective, fair, and timely handling of insurance claims arising out of damages to residential property as the result of an event for which there is a state of disaster declared within 60 days of the event. This Part applies only (i) if a state of disaster has been proclaimed for the State or for an area within the State by the Governor or by a resolution of the General Assembly under G.S. 166A-19.21 or (ii) if the President of the United States has issued a major disaster declaration for the State or for an area within the State under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121, et seq., as amended; and (iii) if the Commissioner issues an order establishing the mediation procedure authorized by this Part.
(b) The procedure authorized by this Part is available to all first-party claimants who have insurance claims resulting from damage to residential property occurring in this State. This Part does not apply to commercial insurance, motor vehicle insurance, or to liability coverage contained in property insurance policies.
(c) The Commissioner may designate a person, either within the Department or outside of the Department, as the Administrator or other functionary to carry out any of the Commissioner's duties under this Part. (2006-145, s. 1; 2007-300, s. 1; 2012-12, s. 2(m); 2013-199, s. 22(d).)
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.