The Applicant was injured in a motor vehicle accident and applied for statutory accident benefits.
After mediation failed, she applied for arbitration regarding weekly income benefits and other expenses.
The Insurer raised a preliminary issue, arguing the Applicant was precluded from proceeding to arbitration because she had commenced a separate court action against the Insurer for different medical expenses arising from the same accident.
The arbitrator dismissed the preliminary objection, finding that the Insurance Act does not compel an insured to refer all disputes to a single forum, provided the specific matters referred to arbitration are distinct from those in the court action.
