Insurer ordered to pay $25,000 special award for unreasonably terminating and delaying income replacement benefits.
The applicant was injured in a serious motor vehicle accident and received income replacement benefits (IRBs).
The insurer terminated IRBs after the applicant attempted a return to work but had to stop due to severe headaches and vomiting.
The insurer later reinstated benefits and paid arrears on the eve of the arbitration hearing.
The arbitrator found that the insurer unreasonably withheld benefits by ignoring the overwhelming medical evidence from treating practitioners and selectively reading its own experts' reports.
The arbitrator awarded a special award of $25,000, inclusive of compound interest, under s. 282(10) of the Insurance Act.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJul 20, 2001