California Code of Regulations
Title 10 - Investment
Chapter 5 - Insurance Commissioner
Subchapter 7.6 - Insurance Mediation Program
Section 2696.8 - Post Mediation; Cooling-off Period; Reporting Requirements
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The insured may be represented at the mediation conference by any person of the insured's own choosing. If the parties agree to a settlement agreement, the insured, or their representative, shall have three business days to rescind the agreement. If the agreement is not rescinded by the insured, it is binding on the insured and the insurer, and acts as a release of all specific claims for damages known at the time of the mediation presented and agreed upon in the mediation conference. If counsel for the insured is present at the mediation conference and a settlement is agreed upon that is signed by the insured's counsel, the agreement is immediately binding on the insured and may not be rescinded.
(b) Within 10 calendar days of the conclusion of the mediation, the mediator shall furnish to the department a completed Form CCB-023 B, ([Mediator Report Form] Rev. 11/14/05) incorporated by reference herein.
(c) The completed mediator reports received by the Department pursuant to these regulations shall be used by the Department only for its use in compiling required reports for the legislature and for evaluating the status of the program. The mediator report forms, papers, and any other documents provided by the mediators to the Department in accordance with this subchapter, shall not be subject to subpoena or subpoena duces tecum.
1. New section
filed 10-15-96; operative 10-15-96 (Register 96, No. 42). A Certificate of
Compliance must be transmitted to OAL by 2-12-97 or emergency language will be
repealed by operation of law on the following day.
2. Repealed by
operation of Government Code section
11346.1(g)
(Register 97, No. 10).
3. New section filed 3-4-97 as an emergency;
operative 3-4-97 (Register 97, No. 10). A Certificate of Compliance must be
transmitted to OAL by 7-2-97 or emergency language will be repealed by operation of
law on the following day.
4. Certificate of Compliance as to 3-4-97 order
transmitted to OAL 7-3-97 and filed 8-13-97 (Register 97, No. 33).
5.
Repealer of former section 2696.8 and renumbering of former section
2696.10 to new section 2696.8,
including amendment of section, filed 12-29-2006; operative 1-28-2007 (Register
2006, No. 52).
6. Change without regulatory effect amending subsection
(a) filed 7-14-2021 pursuant to section
100, title 1, California Code of
Regulations (Register 2021, No. 29). Filing deadline specified in Government Code
section
11349.3(a)
extended 60 calendar days pursuant to Executive Order
N-40-20.
Note: Authority cited: Section 10089.83(c), Insurance Code. Reference: Section 10089.80(a), Insurance Code.
