Purpose and Scope

Purpose and Scope This regulation establishes a special mediation program for personal lines residential insurance claims resulting from Hurricane Katrina. It creates procedures for notice of the right to mediation, request for mediation, assignment of mediators, payment for mediation, and the conduct of mediation proceedings. Before resorting to these procedures, insureds and insurers are encouraged to resolve claims as quickly and fairly as possible. The procedures established by this regulation are available to all first party claimants prior to commencing either litigation or the appraisal process, who have personal lines claims resulting from damage to residential property in Mississippi caused by Hurricane Katrina. Insureds that have elected to commence the appraisal process under their policies must first complete that process prior to being eligible to request the mediation procedures established hereunder. This regulation does not apply to commercial insurance (including forced-placed lender protection programs), private passenger motor vehicle insurance or to liability coverage contained in property insurance policies. The mediation procedures established under this regulation shall not be available to the insured where the underlying issue is whether the policy was canceled, non-renewed or lapsed prior to the loss resulting from Hurricane Katrina. Insureds may submit these issues to the Consumer Assistance Division of the Department for review.