SECTION 5.4222. Appraisal Process - Extensions of Deadlines

(a) Extensions. For good cause, the Commissioner may extend any deadline related to appraisal, except the deadline for the umpire to notify the parties that the umpire is insured by the association, under §5.4218 of this title (relating to Appraisal Process - Umpire Obligations).

(b) Good cause. This section defines "good cause" for the purpose of extending the deadlines related to appraisal. In this section, "good cause" means objective facts beyond a party's, appraiser's, or umpire's control that reasonably caused or may cause the party, appraiser, or umpire to fail to meet a deadline related to appraisal.

(c) Request for extension. To ask the Commissioner to extend a deadline, a party, appraiser, or umpire 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. In the absence of a request, the Commissioner may extend a deadline if the Commissioner determines good cause exists.

(d) Extension limit. For purposes of Insurance Code §2210.581(b), all deadlines related to appraisal--including those for appraisers and umpires--are considered applicable to the claimant or to both the claimant and the association. The deadlines are not subject to an extension limit.

(e) The Commissioner may extend deadlines for a single claim or a group of claims.

Source Note: The provisions of this §5.4222 adopted to be effective February 14, 2013, 38 TexReg 653; amended to be effective December 31, 2019, 44 TexReg 8314