Connecticut Administrative Code › Title 38a - Insurance Department › 10 - Arbitration Procedure for Automobile Physical Damage and Property Damage Claims › Section 38a-10-3 - Arbitration procedure

Current through July 10, 2024
(a) If mediation by
			 the Insurance Department Division of Consumer Affairs fails to resolve a
			 dispute between a claimant and an insurance company, the Insurance Department
			 examiner who examined the complaint shall refer the file to the Arbitration
			 Unit of the Insurance Department to begin the arbitration procedure.
(b) The Arbitration Unit shall notify the
			 claimant by a form prepared by the Insurance Department that the claim is
			 arbitrable which shall be sent within five (5) business days from date of
			 referral. The form which shall include a request for arbitration shall be
			 returned to the Arbitration Unit of the Insurance Department within fourteen
			 (14) calendar days together with a non-refundable check for the $20.00 filing
			 fee made payable to the Treasurer, State of Connecticut. The claimant shall
			 indicate whether the arbitration will be by submission of documents or by oral
			 hearing.
(c) Failure of the
			 claimant to return the request for arbitration form within fourteen (14)
			 calendar days shall automatically cancel the proceedings. The claimant, with
			 prior written approval of the Insurance Department Arbitration Unit, may be
			 granted a reasonable delay in filing for arbitration.
(d) Upon receipt of the request for
			 arbitration form, the Arbitration Unit shall submit the written notice of
			 arbitration to the insurer, advising whether the arbitration will be conducted
			 by submission of documents or by oral hearing. The insurer shall return a
			 non-refundable check for $20.00 made payable to the Treasurer, State of
			 Connecticut and a copy of its file within fourteen (14) calendar days. The
			 insurer must pay the claimant the undisputed amount within five (5) business
			 days of the receipt of the notice of arbitration.
(e) Failure of the insurance company or its
			 designated adjusting company to respond within fourteen (14) calendar days of
			 the mailing of the notice shall allow the arbitrator to enter an award in favor
			 of the claimant for all or part of the disputed damages and a check shall be
			 issued for all or part of the disputed amount by the insurer within ten (10)
			 business days of the date of the award.
(f) The Arbitration Unit shall:
(A) notify the arbitrator in writing of the
			 date, time and location of the hearing within ten (10) business days from the
			 receipt of the insurer's response or upon the expiration of the fourteen (14)
			 days specified in subsection (e) of this section, whichever is earlier; and
(B) notify the claimant and the
			 insurer in writing of the arbitrator's name, the date, time and location of the
			 hearing at least ten (10) business days prior to the hearing. If upon such
			 notice either party has a reasonable objection to the selected arbitrator then
			 that party must notify the Arbitration Unit of its objection within three (3)
			 business days prior to the hearing date. The hearing will be rescheduled with
			 another arbitrator selected in rotation from the panel of
			 arbitrators.