§ 58-44-75. Definitions.
§ 58‑44‑75. Definitions.
As used in this Part:
(1) Administrator. TheCommissioner or the Commissioner's designee; and the term is usedinterchangeably with regard to the Commissioner's duties under this Part.
(2) Disaster. Asdefined in G.S. 166A‑4(1).
(3) Disputed claim. Anymatter on which there is a dispute as to the cause of loss or amount of loss,for which the insurer has denied payment, in part or whole, with respect toclaims arising from a disaster. Unless the parties agree to mediate a disputedclaim involving a lesser amount, a "disputed claim" involves theinsured requesting one thousand five hundred dollars ($1,500) or more to settlethe dispute, or the difference between the positions of the parties is onethousand five hundred dollars ($1,500) or more. "Disputed claim" doesnot include a dispute with respect to which the insurer has reportedallegations of fraud, based on a referral to the insurer's specialinvestigative unit, to the Commissioner. A disputed claim does not include onein which there has been a denial of coverage for the loss because of exclusionsin the policy, terms in the policy, conditions in the policy, or nonexistenceof the policy at the time of the loss.
(4) Mediation. Asdefined in G.S. 7A‑38.1(b)(2).
(5) Mediator. Aneutral person who acts to encourage and facilitate a resolution of a claim.
(6) Party or parties. The insured and his or her insurer, including a surplus lines insurer and theunderwriting associations in Articles 45 and 46 of this Chapter, whenapplicable. (2006‑145,s. 1.)