Hearing adjourned pending insured's attendance at a reasonably requested psychiatric examination, but not a late-requested neuropsychological assessment.
The insurer appealed a preliminary arbitration order that refused to stay or adjourn the main hearing after the insured refused to attend requested neuropsychological and psychiatric examinations.
The Director's Delegate dismissed the appeal regarding the neuropsychological assessment, finding the insurer's late request amounted to trial brinkmanship.
However, the appeal was allowed regarding the psychiatric examination.
The Director's Delegate found the insurer acted reasonably and without undue delay in requesting the psychiatric assessment after new medical evidence suggested a mood disorder, and ordered the hearing adjourned if the insured failed to attend.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMar 17, 1997
