Insurer's appeal of a special award for unreasonably withholding accident benefits dismissed.
The insurer appealed an arbitrator's decision ordering it to pay a $10,000 special award for unreasonably withholding statutory accident benefits.
The insured had suffered a back injury in a motor vehicle accident, and the insurer denied benefits based on a pre-existing condition.
The Director's Delegate dismissed the appeal, finding that the arbitrator's conclusion was supported by the evidence.
The insurer had maintained a stubborn and inflexible position, failing to re-evaluate the claim even after receiving MRI results and medical reports confirming an organic basis for the insured's ongoing symptoms.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesOct 28, 1998
