§ 58-44-80. Notification of right to mediate. - North Carolina Statutes

§ 58‑44‑80. Notification of right to mediate.

(a)        Insurers shallnotify their insureds in this State who have claimed damage to theirresidential properties as a result of a disaster of their right to mediatedisputed claims. This requirement applies to all disputed claims, includinginstances where checks have been issued by the insurer to the insured.

(b)        The insurer shallmail the notice described in subsection (a) of this section to an insuredwithin five days after the time the insured or the Administrator notifies theinsurer of a dispute regarding the insured's claim. The following apply:

(1)        If the insurer hasnot been notified of a disputed claim before the time an insurer notifies theinsured that a claim has been denied in whole or in part, the insurer shallmail a notice of the right to mediate to the insured in the same mailing as thenotice of denial.

(2)        The insurer is notrequired to send a notice of the right to mediate if a claim is denied becausethe amount of the claim is less than the insured's deductible.

(3)        The mailing thatcontains the notice of the right to mediate shall include any consumer brochureon mediation developed by the Commissioner.

(4)        Notification shallbe in writing and shall be legible, conspicuous, and printed in at least 12‑pointtype.

(5)        The first paragraphof the notice shall contain the following statement: "The General Assemblyof North Carolina has enacted a law to facilitate fair and timely handling ofresidential property insurance claims arising out of disasters. The law givesyou the right to attend a mediation conference with your insurer in order tosettle any dispute you have with your insurer about your claim. An independentmediator, who has no connection with your insurer, will be in charge of the mediationconference."

(c)        The notice shallalso:

(1)        Include detailedinstructions on how the insured is to request mediation, including name,address, and phone and fax numbers for requesting mediation through theAdministrator.

(2)        Include theinsurer's address and phone number for requesting additional information.

(3)        State that theAdministrator will select the mediator. (2006‑145, s. 1; 2007‑300, s. 2.)