The appellant insurer appealed an arbitral award determining it was the priority insurer liable to pay statutory accident benefits to the claimant.
The arbitrator found the claimant was a 'deemed named insured' under the appellant's policy because the vehicle he was driving, owned by his mother, was made available for his regular use by a corporation or 'other entity' (the family farming operation).
The Superior Court of Justice dismissed the appeal, finding no palpable and overriding error in the arbitrator's factual findings or legal interpretation of the deeming provision.
