The Applicant was injured in a motor vehicle accident and applied for weekly income benefits.
The Insurer denied the claim, alleging the Applicant knowingly misrepresented his driving history on his insurance application by failing to disclose a prior licence suspension.
The arbitrator found that the Applicant had received notice of his licence suspension and knowingly misrepresented his driving history.
The misrepresentation was material, as the Insurer would have charged a higher premium had it known the truth.
The Applicant was precluded from receiving benefits and denied his arbitration expenses.