58-44-85. Request for mediation.
(a) If an insured requests mediation before receipt of the notice of the right to mediate or if the date of the notice cannot be established, the insurer shall be notified by the Administrator of the existence of the dispute before the Administrator processes the insured's request for mediation. An insured must request mediation within 60 days after the denial of the claim; failure to request mediation within this time period shall only bar the right to demand mediation; it shall not prejudice any other legal right or remedy of the insured nor prohibit the insurer from voluntarily accepting the request for mediation.
(b) If an insurer receives a request for mediation, the insurer shall electronically transmit the request to the Administrator within three business days after receipt of the request. If the Department receives any requests, it shall electronically transmit those requests to the Administrator within three business days after receipt. The Administrator shall notify the insurer within 48 hours after receipt of a request that has been filed with the Department.
(c) In the insured's request for mediation, the insured shall provide the following information, if known:
(1) Name, address, and daytime telephone number of the insured and location of the property if different from the address given.
(2) The claim and policy number for the insured.
(3) A brief description of the nature of the dispute.
(4) The name of the insurer and the name, address, and phone number of the contact person for scheduling mediation.
(5) Information with respect to any other policies of insurance that may provide coverage of the insured property for named perils such as flood, earthquake, or windstorm. (2006-145, s. 1.)
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.