Accident benefits claims dismissed as applicant did not meet non-earner test and expenses were not incurred.
The Applicant was injured in a motor vehicle accident and sought non-earner, attendant care, and medical benefits from the Insurer.
The arbitrator found that the Applicant did not suffer a complete inability to carry on a normal life, as she was able to participate in most of her pre-accident activities to some extent.
The claim for attendant care benefits was denied because the services provided by her son were not 'incurred' expenses, as there was no promise or legal obligation to pay him.
The claims for medical benefits were also dismissed because the treatment plans were not incurred, not signed by the Applicant, and not completed by a regulated health professional as required by the Schedule.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesFeb 7, 2018
