This case involves an appeal from an arbitrator's decision in an insurance priority dispute.
The arbitrator found that an employer (insured by Old Republic) made a vehicle available for an employee's regular use at the time of an accident, requiring Old Republic to pay statutory accident benefits.
The employee, a short-haul truck driver, was injured while driving his mother-in-law's car to work, but had permission to sleep in a company truck the night before a haul.
The Superior Court of Justice dismissed Old Republic's appeal, affirming the arbitrator's decision.
The court also clarified that correctness is the appropriate standard of review for such priority decisions where there is no significant factual issue to be decided.