| (a) Deadline. Mediation must be completed by the 60th
day after the association notifies the claimant that the association
is requesting mediation, unless the deadline is extended. If the association
does not ask the department to select a mediator before the 60-day
deadline, or any extension of that deadline, the association waives
its right to require mediation under Insurance Code §2210.575
and this division.
(b) Good cause. This section defines "good cause" for
the purpose of extending the deadlines related to mediation. In this
section, "good cause" means objective facts beyond a party's or mediator's
control that reasonably caused or may cause the party or mediator
to fail to meet a deadline related to mediation.
(c) Extensions.
(1) The association and the claimant may agree to extend
the 60-day deadline for mediation in subsection (a) of this section.
(2) For good cause, the Commissioner may extend any
deadline related to mediation, except the deadline for the mediator
to notify the parties that the mediator is insured by the association,
under §5.4236 of this title (relating to Mediation Process -
Mediator Obligations).
(3) The Commissioner may extend deadlines for a single
claim or a group of claims.
(d) Lawsuit. If mediation is not complete by the 60-day
deadline or an extension, the claimant may file suit.
(e) Request for extension. To request the Commissioner
to extend a deadline, a party or mediator must send the request in
writing to the department, under §5.4251 of this title (relating
to Requests and Submissions to the Department). The request must explain
the good cause for the extension. Good cause includes military deployment
of the claimant.
(f) Extension limit. The extension of deadlines under
Insurance Code §2210.575(c); the extension of deadlines under §5.4231(b)
and §5.4235(f) of this title (relating to Mediation Process and
Mediation Process - Mediator Selection by the Department); and the
extension of any other deadlines under Insurance Code Chapter 2210,
Subchapter L-1 that apply only to the association may not exceed 120
days in the aggregate for claims arising from the same occurrence.
For purposes of Insurance Code §2210.581(b), all other deadlines
related to mediation--including those for mediators--are considered
applicable to both the claimant and the association and are not subject
to an extension limit.
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