Insurer ordered to pay accident benefits and a special award for unreasonably delaying and withholding payments.
The applicant was injured in a motor vehicle accident and applied for statutory accident benefits.
She initially sent her application to the wrong insurer, resulting in a delay in notifying the respondent insurer.
The respondent denied benefits, citing the delay and a lack of information.
The arbitrator found that the applicant had a reasonable explanation for the delay and that the respondent had failed egregiously in its responsibilities by not expeditiously obtaining her file from the other insurer.
The arbitrator awarded the applicant housekeeping benefits for 104 weeks, caregiver benefits for 52 weeks, and a medical benefit for chiropractic treatment.
Additionally, the arbitrator ordered the respondent to pay a special award of $5,000 because it had unreasonably withheld the payment of benefits.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMay 25, 2012
