§ 58-44-70. Purpose and scope. - North Carolina Statutes

Part 2. Mediation of Emergency orDisaster‑Related Property Insurance Claims.

§ 58‑44‑70. Purpose and scope.

(a)        This Part providesfor a nonadversarial alternative dispute resolution procedure for a facilitatedclaim resolution conference prompted by the critical need for effective, fair,and timely handling of insurance claims arising out of damages to residentialproperty as the result of an event for which there is a state of disasterdeclared within 60 days of the event. This Part applies only (i) if a state ofdisaster has been proclaimed for the State or for an area within the State bythe Governor or by a resolution of the General Assembly under G.S. 166A‑6;or (ii) if the President of the United States has issued a major disasterdeclaration 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, etseq., as amended; and (iii) if the Commissioner issues an order establishingthe mediation procedure authorized by this Part.

(b)        The procedureauthorized by this Part is available to all first‑party claimants whohave insurance claims resulting from damage to residential property occurringin this State. This Part does not apply to commercial insurance, motor vehicleinsurance, or to liability coverage contained in property insurance policies.

(c)        The Commissionermay designate a person, either within the Department or outside of theDepartment, as the Administrator or other functionary to carry out any of theCommissioner's duties under this Part. (2006‑145, s. 1; 2007‑300, s. 1.)