The New York Department of Financial Services has appointed the American Arbitration Association (“AAA”) in New York as the exclusive “designated organization” to handle Storm Sandy mediations pursuant to the Mediation Amendment.

The AAA contact information to be inserted into notice letters sent to insureds pursuant to the Mediation Amendment is as follows:

American Arbitration Association
Storm Sandy Mediation Claims
120 Broadway – 15th Floor
New York, NY 10271

Phone: Toll-free (855) 366-9767
or (855) 366-9768
or (917) 438-1668

Fax: (646) 845-1958 
or  (917) 438-1600

Email: StormSandyNY@adr.org

In addition, we would like to clarify the posting in our February 28, 2013 update (which has been revised) regarding the notice requirements for claims denied and/or remaining unresolved PRIOR TO the effective date of February 25, 2013 (second paragraph of Notice Requirements).

In addition to the circumstances described in paragraph one (1) of the amended regulation, on or before March 11, 2013, an insurer must send the insured written notice of its right to mediate in the following additional circumstances:

  • Where the insurer denied the claim, in whole or in part, before February 25, 2013 (the effective date of the Amendment); or
  • Where the insurer made a settlement offer that was disputed by the insured before February 25, 2013 AND where the claim “remains unresolved” (The Mediation Amendment does not define the term “unresolved” in this context); or
  • Where, before February 25, 2013, more than forty-five (45) days have elapsed after the insurer received a properly executed proof of loss “and all items, statements and forms that the insurer had requested from the claimant” AND where the claim “remains unresolved” (The Mediation Amendment does not define the term “unresolved” in this context).

It should be noted that the Mediation Amendment is novel and has not yet been interpreted.  You should consult your own counsel for any advice regarding the interpretation of the Mediation Amendment.

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Photo of Gregory Varga Gregory Varga

Greg Varga is a trial lawyer and the immediate past chair of Robinson+Cole’s Insurance + Reinsurance Group. For nearly two decades, his practice has focused on the representation of insurance companies nationally in complex insurance coverage litigation, in lawsuits seeking punitive damages and…

Greg Varga is a trial lawyer and the immediate past chair of Robinson+Cole’s Insurance + Reinsurance Group. For nearly two decades, his practice has focused on the representation of insurance companies nationally in complex insurance coverage litigation, in lawsuits seeking punitive damages and other extra-contractual remedies, and in other corporate litigation.

Greg is a frequent speaker and panelist at insurance industry and insurance bar programs, including the Property Loss Research Bureau, the Defense Research Institute, and the Federation of Defense & Corporate Counsel. He has also lectured on trial techniques to other members of the bar.

Greg earned his J.D. from Boston College Law School where he was on Moot Court and his B.A., magna cum laude, from Boston College in History.

Read Greg’s rc.com bio.

Photo of J. Tyler Butts J. Tyler Butts

J. Tyler Butts is an associate in Robinson+Cole’s Litigation Section and an active member of the firm’s Appellate and Insurance + Reinsurance Groups. He focuses his practice on insurance coverage and bad faith litigation, white-collar defense, class action litigation, and antitrust litigation.

Prior…

J. Tyler Butts is an associate in Robinson+Cole’s Litigation Section and an active member of the firm’s Appellate and Insurance + Reinsurance Groups. He focuses his practice on insurance coverage and bad faith litigation, white-collar defense, class action litigation, and antitrust litigation.

Prior to joining Robinson+Cole, Tyler worked with a national law firm on securities and probate litigation as well as on complex class action matters. He is a member of the American Bar Association, Connecticut Bar Association, and Hartford County Bar Association.

Read Tyler’s rc.com bio.