Barry J. Sullivan

The applicant was injured in a motor vehicle accident and received statutory accident benefits from the insurer.

The insurer terminated the benefits and the parties signed a release.

The applicant later applied for arbitration, arguing the release was ineffective and the termination notice was invalid.

The arbitrator found that the release did not meet the regulatory requirements and was therefore not a full and final settlement.

Furthermore, the termination notice did not constitute a valid refusal under the Smith test because it failed to adequately inform the applicant of the dispute resolution process.

As a result, the limitation period never commenced, and the applicant's claim was not time-barred.

Following a settlement of disputed claims for statutory accident benefits, the applicant sought an assessment of his legal expenses.

The insurer agreed the applicant was entitled to expenses but disputed the amount, specifically the hourly rate of the senior counsel, the rate and hours of the law clerk, and certain disbursements including accountant's reports.

The arbitrator allowed the senior counsel's rate of $150 per hour, the law clerk's rate of $45 per hour, and most of the disbursements, awarding a total of $19,449.35 in fees and disbursements.