California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 7.6 - Insurance Mediation Program › Section 2696.4 - Selection of Mediator; Objections

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Immediately upon referral of a dispute to
				mediation, the Department shall transfer all information it deems necessary
				concerning the disputed claim to a mediator of its choosing, provided that such
				mediator has otherwise met the standards and qualifications set forth in
				Insurance Code Section
				10089.77.
				Such information shall include, but not be limited to, the name of the insured,
				the address of the insured, the name of the insurer, and the address of the
				insurer.
(b) The Department shall
				select the mediator primarily on a rotation basis. The Department shall select
				a mediator that has expressed availability to conduct the mediation in the
				county of the insured's residence. The process of selecting a mediator, and the
				manner in which the mediator is assigned to mediate a dispute, shall be within
				the sole discretion of the Department, provided that such mediators have
				otherwise met the standards and qualifications set forth in Insurance Code
				Section
				10089.77.
(c) After a mediator has been selected by the
				Department, either party to the mediation may object once to the selection of
				that mediator. If either party conveys that objection directly to the
				Department, in writing, the Department shall notify the other party and the
				mediator, and shall dismiss that mediator and select another mediator within 5
				calendar days. If either party conveys an objection to the mediator directly to
				that mediator, then that mediator shall immediately notify, in writing or
				otherwise, the Department and the Department shall, within 5 calendar days,
				dismiss that mediator and select another mediator. Nothing in this subsection
				shall effect the right of a party to exercise their right to object pursuant to
				Insurance Code Section
				10089.77(b).
1. New section
				  filed 10-15-96; operative 10-15-96 (Register 96, No. 42). A Certificate of
				  Compliance must be transmitted to OAL by 2-12-97 or emergency language will be
				  repealed by operation of law on the following day.
2. Repealed by
				  operation of Government Code section
				  11346.1(g)
				  (Register 97, No. 10).
3. New section filed 3-4-97 as an emergency;
				  operative 3-4-97 (Register 97, No. 10). A Certificate of Compliance must be
				  transmitted to OAL by 7-2-97 or emergency language will be repealed by
				  operation of law on the following day.
4. Certificate of Compliance
				  as to 3-4-97 order, including amendment of subsection (c), transmitted to OAL
				  7-3-97 and filed 8-13-97 (Register 97, No. 33).
5. Repealer of
				  former section
				  2696.4 and renumbering of former
				  section 2696.5 to new section
				  2696.4 filed 12-29-2006; operative
				  1-28-2007 (Register 2006, No. 52).
Note: Authority cited: Section
					 10089.83,
					 Insurance Code. Reference: Sections
					 10089.71,
					 10089.72,
					 10089.73
					 and
					 10089.74,
					 Insurance Code.