Insurer's claim for arbitration expenses denied due to divided success; each party to bear own costs.
The insurer sought its expenses of $24,213.20 following an arbitration hearing where it successfully argued the applicant was not catastrophically impaired.
The arbitrator found there was divided success, as the applicant was only 1% away from the catastrophic impairment threshold and was successful on some treatment plans.
The insurer's offers to settle were not compliant with the Code as they were on a full and final basis.
Considering the criteria in the Code, the arbitrator ordered that each side bear its own expenses.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesApr 23, 2020
