§ 58-44-85. Request for mediation.
§ 58‑44‑85. Request for mediation.
(a) If an insuredrequests mediation before receipt of the notice of the right to mediate or ifthe date of the notice cannot be established, the insurer shall be notified bythe Administrator of the existence of the dispute before the Administratorprocesses the insured's request for mediation. An insured must requestmediation within 60 days after the denial of the claim; failure to requestmediation 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 norprohibit the insurer from voluntarily accepting the request for mediation.
(b) If an insurerreceives a request for mediation, the insurer shall electronically transmit therequest to the Administrator within three business days after receipt of therequest. If the Department receives any requests, it shall electronicallytransmit those requests to the Administrator within three business days afterreceipt. The Administrator shall notify the insurer within 48 hours afterreceipt of a request that has been filed with the Department.
(c) In the insured'srequest for mediation, the insured shall provide the following information, ifknown:
(1) Name, address, anddaytime telephone number of the insured and location of the property ifdifferent from the address given.
(2) The claim and policynumber for the insured.
(3) A brief descriptionof the nature of the dispute.
(4) The name of theinsurer and the name, address, and phone number of the contact person forscheduling mediation.
(5) Information withrespect to any other policies of insurance that may provide coverage of theinsured property for named perils such as flood, earthquake, or windstorm. (2006‑145, s. 1.)