California Insurance Code CHAPTER 8.9 - Insurance Mediation

• Section 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 following:(1) A claim...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 10089.76.
  Upon referral of a complaint to mediation, the department shall immediately transfer all necessary information concerning the claim, including the name and address of the...
• Section 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 standards...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...

Last modified: October 22, 2018