On application of the insurer or insured, on 2 days' notice to the other, the Supreme Court may appoint a representative. (b) a representative fails or refuses to act or is incapable of acting and the party that appointed that representative has not appointed another representative within 7 days after the failure, refusal or incapacity,
(a) a party to a dispute resolution process fails to appoint a representative in accordance with subsection (4), or (7) Each party to the dispute resolution process must pay the representative whom the party appointed, and each party must bear equally the expense of the dispute resolution process and the umpire. (b) if they fail to agree, submit their differences to the umpire,Īnd the written determination of any 2 of them determines the matters. (a) determine the matters in dispute by agreement, and (b) an employee of the insured or the insurer. (5) A person may not be appointed as a representative if the person is (4) Within 7 days after receiving or giving a demand under subsection (3), the insured and the insurer must each appoint a dispute resolution representative and, within 15 days after their appointment, the 2 representatives must appoint an umpire.
(3) Either the insured or the insurer may demand in writing the other's participation in a dispute resolution process after proof of loss has been delivered to the insurer.
(2) This section applies to disputes between an insurer and an insured about a matter that under Statutory Condition 11 set out in section 29, or another condition of the contract, must be determined using this dispute resolution process. 12 (1) In this section, "representative" means a dispute resolution representative appointed under subsection (4).
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