Insurer permitted to withdraw application to terminate benefits; ordered to pay $18,204.83 in expenses.
The insurer applied to vary or revoke a 2007 order to pay income replacement benefits, but sought to withdraw the application during the hearing, claiming its psychological expert changed his opinion.
The arbitrator allowed the withdrawal but imposed a term precluding the insurer from filing further applications regarding the 2007 order until it substantiated the expert's change of opinion.
The arbitrator also assessed the insured's expenses, awarding $18,204.83 for legal fees and disbursements, including reduced amounts for several expert reports that were deemed inefficient or of limited value.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMay 20, 2011
