Dr. Jarzem

The appellant appealed an arbitrator's decision dismissing his claims for income replacement benefits, housekeeping expenses, and medical and rehabilitation expenses following a 1997 motor vehicle accident.

The appellant argued that the insurer's failure to provide proper notice under sections 37 and 49 of the Schedule entitled him to automatic reinstatement of benefits, and that the arbitrator made numerous errors of fact and law, including ignoring medical evidence and demonstrating bias.

The Director's Delegate dismissed the appeal, holding that inadequate notice does not automatically entitle an insured to benefits, and that the arbitrator's findings of fact regarding the appellant's lack of credibility and failure to meet the disability tests were supported by the evidence.

The Delegate also found no reasonable apprehension of bias and affirmed that appeals under section 283(1) of the Insurance Act are restricted to questions of law.