Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 35 - (2007-3) Special Non-Binding Arbitration Program for Personal Lines Residential Insurance Claims Resulting from Hurricane Katrina › Rule 19-1-35.07 - Arbitration Conference

Current through June 25, 2024
A. Exchange of
				Information
At least two (2) business days prior to the hearing, the
				  parties shall exchange copies of all exhibits they intend to submit at the
				  hearing. The arbitrator shall resolve disputes concerning the exchange of
				  exhibits.
B. Attendance at
				Conference
The Arbitrator shall maintain the privacy of the conference.
				  Any person having a direct interest in the arbitration is entitled to attend
				  the conference. The arbitrator shall have the power to require the exclusion of
				  any witness, other than a party or other essential person, during the testimony
				  of any other witness. It shall be discretionary with the arbitrator to
				  determine the propriety of the attendance of any other person other than a
				  party and its representative. However, the Department reserves the right to
				  have a representative present at any arbitration conference conducted pursuant
				  to this Regulation.
The Arbitrator may postpone any conference upon agreement of
				  the parties, upon request of a party for good cause shown, or upon the
				  arbitrator's own initiative. Good cause shall consist of severe illness,
				  injury, or other emergency which could not be controlled by the insured or the
				  insurer and, with respect to an insurer, could not reasonably be remedied prior
				  to the conference by providing a replacement representative or
				  otherwise.
C.
				Representation
A party may be represented by counsel or their authorized
				  representative. A public adjuster contracted by the insured may attend the
				  conference, but the insured must also be present at the conference. A party
				  intending to be represented shall notify the other party and the administrator
				  of the name and address of the representative at least five (5) days prior to
				  the date set for conference.
D. Conduct of Proceeding
The arbitrator shall have the right to require witnesses to
				  testify under oath administered by any duly qualified person. The insured shall
				  present evidence to support its claim. The insurer shall then present evidence
				  to support its defense. Witnesses for each party shall also submit to questions
				  from the arbitrator and the adverse party. The arbitrator has the discretion to
				  vary this procedure, provided that the parties are treated with equality and
				  that each party has the right to be heard and is given a fair opportunity to
				  present its case.
The arbitrator, in its discretion, shall conduct the
				  proceedings with a view to expediting the resolution of the dispute and may
				  direct the order of proof, bifurcate proceedings and direct the parties to
				  focus their presentations on issues the decisions of which could dispose of all
				  or part of the case.
E.
				Evidence
The parties may offer such evidence as is relevant and
				  material to the dispute and shall produce such evidence as the arbitrator may
				  deem necessary to an understanding and determination of the dispute. Conformity
				  to legal rules of evidence shall not be necessary. All evidence shall be taken
				  in the presence of the arbitrator and all the parties, except where any of the
				  parties is absent, in default or has waived the right to be present. However,
				  the arbitrator may receive and consider the evidence of witnesses by affidavit,
				  but shall give it only such weight as the arbitrator deems it entitled to after
				  consideration of any objection made to its admission.
The arbitrator shall determine the admissibility, relevance
				  and materiality of the evidence offered and may exclude evidence deemed by the
				  arbitrator to be cumulative or irrelevant. The arbitrator shall take into
				  account applicable principles of legal privilege, such as those involving the
				  confidentiality of communications between a lawyer and client.
The representative of the insurer attending the conference
				  must know the facts and circumstances of the claim and be knowledgeable of the
				  provisions of the policy. An insurer will be deemed to have failed to appear if
				  the insurer's representative lacks authority to settle the full amount of the
				  claim.
F. Confidentiality
Confidential or privileged information disclosed to an
				  arbitrator by the parties or by witnesses in the course of arbitration shall
				  not be divulged by the arbitrator. All records, reports, or other documents
				  received by an arbitrator while serving in that capacity shall be confidential.
				  The arbitrator shall not be compelled to divulge such records or testify in
				  regard to the arbitration in any adversary proceeding or judicial forum. All
				  statements made and documents reviewed at the arbitration conference shall be
				  deemed settlement negotiations in anticipation of litigation.
Neither the Department, the Administrator, or any arbitrator
				  in a proceeding under this Regulation is a necessary or proper party in
				  judicial proceedings related to the arbitration.
G. Mediation
At any stage of the proceedings, the parties may agree to
				  conduct a mediation conference under the Mississippi Department of Insurance
				  Hurricane Katrina Mediation Program as established pursuant to Regulation
				  2005-2, as amended. The mediator shall not be an arbitrator appointed to the
				  case. Where the parties to a pending arbitration agree to mediate under this
				  Regulation, no additional administrative fee shall be required to initiate the
				  mediation.
Miss. Code Ann. §
										83-1-47
				  (Rev. 2011)