Intact Insurance appealed an arbitrator's decision dismissing its priority dispute against Federated Insurance regarding accident benefits for a claimant injured in a motor vehicle accident.
The arbitrator found that Intact failed to provide notice of the dispute to Federated within the 90-day period required by s. 3(1) of O. Reg. 283/95, and did not meet the test for relief under s. 3(2).
The Superior Court of Justice upheld the arbitrator's decision, finding no error in the determination that Intact had received a completed application by June 7, 2010, had sufficient time to identify Federated, and failed to conduct reasonable investigations within the 90-day period.
The appeal was dismissed.
