Appeal dismissed; arbitrator had jurisdiction to order payment for a less expensive Jacuzzi-type bathtub alternative.
The insured was injured in a motor vehicle accident and claimed the cost of a home whirlpool spa as a medical expense.
The insurer denied the claim, relying on a Designated Assessment Centre report.
The arbitrator denied the cost of the specific spa purchased but ordered the insurer to pay the reasonable cost of a Jacuzzi-type bathtub.
The insurer appealed, arguing the arbitrator exceeded her jurisdiction and erred in her treatment of the medical certificate and DAC report.
The Director's Delegate dismissed the appeal, finding the arbitrator's order reasonably arose from the evidence and submissions, and that there was sufficient evidence to support her findings.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesDec 3, 1996
