Claim for Special Award dismissed as insurer acted reasonably in relying on medical assessments.
The applicant was injured in a motor vehicle accident and sought accident benefits.
The parties settled the claims for income replacement and medical benefits, leaving only the issue of whether the applicant was entitled to a Special Award under s. 282(10) of the Insurance Act for the insurer's initial denial of benefits.
The arbitrator found that the insurer acted reasonably at all relevant times based on the medical information available, which supported a theory that the applicant's impairments were due to pre-existing degenerative disc disease rather than the accident.
The claim for a Special Award was dismissed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesOct 31, 2016