§ 2696.8. Post Mediation; Cooling-off Period; Reporting Requirements.

(a) The insured may be represented at the mediation conference by any person of his or her 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 If the agreement is not rescinded by the insured, it is binding on the insured and the insurer, and acts as a release of all specific claims for damages known at the time of the mediation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agreed upon that is signed by the insured's counsel, the agreement is immediately binding on the insured and may not be rescinded.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.

HISTORY

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 A Certificate of Compliance must be transmitted to OAL by 2-12-97 or emergency language will be repealed by operation of law on the following day.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 Repealed by operation of Government Code section 11346.1(g) (Register 97, No. 10).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 A Certificate of Compliance must be transmitted to OAL by 7-2-97 or emergency language will be repealed by operation of law on the following day.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).

Note

Note: Authority cited: Section 10089.83(c), Insurance Code. Reference: Section 10089.80(a), Insurance Code.