Appeal dismissed; evidentiary foundation confirmed for special award against insurer for unreasonably withholding benefits.
The appellant insurer appealed an arbitrator's decision granting a special award to the respondent for unreasonably withholding payments for rehabilitation support worker services and private school tuition.
The Director's Delegate confirmed the appeal decision, finding that there was an adequate evidentiary foundation to support the arbitrator's finding that the insurer acted unreasonably.
The insurer had failed to consider new information, including a DVD with statements from the respondent's rehabilitation team, and relied on overlapping and preliminary assessments to deny benefits.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesApr 30, 2013
