The insured, a minor, applied for accident benefits following a motor vehicle accident.
The insurer paid $12,000 in attendant care benefits but later sought repayment, alleging material misrepresentation.
At arbitration, the insured's representative withdrew all her disputes.
The Arbitrator permitted the withdrawal and precluded the insurer from pursuing its repayment claim, finding no application remained before the Commission.
On appeal, the Director's Delegate reversed the decision, holding that under section 282(3) of the Insurance Act, an arbitrator must determine all issues in dispute, including those raised by the insurer, regardless of the withdrawal of the insured's issues.
The matter was returned to arbitration.