Aviva appealed an arbitrator's decision in a priority dispute which found that Aviva was the priority insurer for accident benefits because it failed to prove the claimant was the 'spouse' of a driver insured by Security National.
Aviva argued the claimant and the driver were married in a foreign religious ceremony.
The Superior Court dismissed the appeal, holding that the arbitrator's decision was reasonable.
The court found that Aviva bore the burden of proof and failed to provide sufficient evidence of the date, place, or legal validity of the foreign marriage under the lex loci celebrationis.
