The insured was injured in a motorcycle accident and failed to notify his insurer of a potential claim until years later.
The arbitrator found the insured had a reasonable explanation for the delay and could proceed to arbitration despite not filing a Report of Mediator, as mediation was deemed to have failed.
On appeal, the Director's Delegate upheld the finding of a reasonable explanation but allowed the appeal on the basis that the insured had never claimed a specific accident benefit.
Consequently, there were no issues in dispute that had failed at mediation, precluding the insured from proceeding to arbitration.
