CHAPTER 8.9. Insurance Mediation [10089.70. - 10089.83.]
Heading of Chapter 8.9 amended by Stats. 2004, Ch. 357, Sec. 1.
§§ 10089.70–10089.83 · 14 sections
- § 10089.70 (a) The department shall establish a program for the mediation of the disputes between insured complainants and insurers arising pursuant to any of the…
- § 10089.71 Any insured having a dispute with an insurer under a policy that qualifies for this program may file a written complaint with the department. The complaint…
- § 10089.72 (a) If, after the department’s intervention, the insurer and the insured do not reach agreement, the department may notify the insurer that in order to avoid…
- § 10089.73 If the dispute is not resolved within the time period prescribed by Section 10089.72, the insurer shall notify the department of the failure, and may include…
- § 10089.74 (a) If the insurer notifies the department of the failure to resolve the dispute, the department shall notify the insured of the insured’s ability to request…
- § 10089.75 (a) Any insurer may inform an insured who has filed a complaint with the department concerning a dispute that qualifies for this program of the existence of…
- § 10089.76 Upon referral of a complaint to mediation, the department shall immediately transfer all necessary information concerning the claim, including the name and…
- § 10089.77 The department shall contract with a diverse pool of mediators for the provision of mediation services. The contractors shall be qualified mediators who meet…
- § 10089.78 Upon receipt of a complaint, the mediation service, to the extent possible, shall issue a notice to the insured and the insurer setting a date and time within…
- § 10089.79 (a) The costs of mediation shall be reasonable, and shall be borne by the insurer, except as provided in Section 10089.81. The commissioner may set a fee not…
- § 10089.80 (a) The representatives of the insurer shall know the facts of the case and be familiar with the allegations of the complainant. The insurer or the insurer’s…
- § 10089.81 All parties to the mediation proceeding shall negotiate in good faith and shall have the authority to immediately settle claims. An insurer that fails to…
- § 10089.82 (a) An insured may not be required to use the department’s mediation process. An insurer may not be required to use the department’s mediation process, except…
- § 10089.83 (a) On or before August 1 of each year in which this program is in effect, the commissioner shall report to the Governor, the Legislature, and to the…