Claim for special award dismissed; insurer's failure to properly terminate benefits was not unreasonable behaviour.
The applicant was injured in a motor vehicle accident and received statutory accident benefits.
The insurer terminated her income replacement and housekeeping benefits.
In a preliminary decision, the arbitrator found the insurer failed to properly terminate the benefits under section 37 of the Schedule and ordered payment until proper termination.
In this decision, the applicant sought a special award under subsection 282(10) of the Insurance Act, arguing the insurer unreasonably withheld benefits.
The arbitrator dismissed the claim for a special award, finding that the insurer's reliance on its medical evidence and its failure to comply with section 37 did not amount to unreasonable behaviour.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJun 2, 2010
