The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent insurer denied benefits, alleging the applicant made a material misrepresentation by failing to disclose she was using her vehicle for commercial food delivery (DoorDash).
The Tribunal found that the applicant intentionally failed to notify the insurer of a change in risk material to the contract.
As a result, pursuant to section 31(1)(b) of the Schedule, the respondent is not required to pay income replacement benefits.
However, the applicant is not barred from proceeding to a hearing regarding a treatment plan for physiotherapy.
