Insurer awarded $52,334.19 in expenses after successfully defending all accident benefit claims at arbitration.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits from the insurer.
Following an arbitration hearing where all of the applicant's claims were dismissed, the insurer sought its expenses totaling $125,698.25.
The arbitrator found that the insurer was 100% successful and had made a written offer to settle, entitling it to expenses.
However, applying the principle of fairness and noting that the SABS is consumer protection legislation, the arbitrator reduced the claimed fees by 50% and significantly reduced the claimed disbursements, awarding the insurer a total of $52,334.19 in expenses.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesSep 28, 2017
