North Carolina § 58-44-70 - Purpose and scope.

§ 58-44-70. Purpose and scope.

This Part provides for a nonadversarial alternative dispute resolution procedure for a facilitated claim resolution conference prompted by the critical need for effective, fair, and timely handling of insurance claims arising out of damages to residential property as the result of an event for which there is a state of disaster declared within 60 days of the event. This Part applies only (i) if a state of disaster has been proclaimed for the State or for an area within the State by the Governor or by a resolution of the General Assembly under G.S. 166A-19.21 or (ii) if the President of the United States has issued a major disaster declaration for the State or for an area within the State under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. § 5121, et seq., as amended; and (iii) if the Commissioner issues an order establishing the mediation procedure authorized by this Part. The procedure authorized by this Part is available to all first-party claimants who have insurance claims resulting from damage to residential property occurring in this State. This Part does not apply to commercial insurance, motor vehicle insurance, or to liability coverage contained in property insurance policies. The Commissioner may designate a person, either within the Department or outside of the Department, as the Administrator or other functionary to carry out any of the Commissioner's duties under this Part. History (2006-145, s. 1; 2007-300, s. 1; 2012-12, s. 2(m); 2013-199, s. 22(d).) Editor's Note. - This section, as amended by Session Laws 2007-300, s. 1, effective October 1, 2007, is applicable to policies issued or renewed on or after October 1, 2007 Effect of Amendments. - Session Laws 2007-300, s. 1, effective October 1, 2007, and applicable to policies issued or renewed on or after October 1, 2007, in subsection (a), in the first sentence, substituted "provides for" for "creates" and substituted "an event for which there is a state of disaster declared within 60 days of the event" for "a disaster," and, in the second sentence, inserted "(i)" and "(ii)" designations, inserted "or by a resolution of the General Assembly" in clause (i) and added clause (iii); and substituted "authorized" for "established" in the first sentence of subsection (b). Session Laws 2012-12, s. 2(m), effective October 1, 2012, in subsection (a), substituted "state of emergency" for "state of disaster" in two places, and substituted "G.S. 166A-19.20" for "G.S. 166A-6." Session Laws 2013-199, s. 22(d), effective June 26, 2013, in subsection (a), substituted "disaster" for "emergency" twice and "G.S. 166A-19.21" for "G.S. 166A-19.20."