Enzo Timperio

Following the dismissal of her application for statutory accident benefits, the applicant sought her expenses for the arbitration proceeding, arguing that her case raised a novel issue.

The arbitrator found that the issue was not novel, as it was substantially similar to numerous other cases involving assaults in a motor vehicle.

Given that the insurer was completely successful and the issue was not novel, the applicant was not entitled to her expenses.

The insurer did not pursue a claim for its expenses.

The applicant's husband, a taxi driver, was assaulted and murdered in his cab.

The applicant sought death and funeral benefits from the insurer.

The insurer denied the claim on the basis that the death was not the result of an 'accident' as defined in the Statutory Accident Benefits Schedule.

The arbitrator found that the assault was an intervening act and the use of the taxi did not amount to a direct cause of death.

The application for arbitration was dismissed.