Arbitration application dismissed for bad faith; applicant ordered to repay benefits obtained through staged accident.
The applicant claimed to have been injured in a motor vehicle accident and received statutory accident benefits from the insurer.
The insurer subsequently investigated and obtained an engineering report concluding that the damage to the vehicles was inconsistent with the reported accident and that the accident was likely staged.
The insurer suspended benefits after the applicant failed to attend an Examination Under Oath.
The applicant applied for arbitration but failed to attend the hearing or pursue his claims.
The arbitrator dismissed the application for arbitration, finding it was commenced in bad faith and abandoned.
The arbitrator ordered the applicant to repay $24,242.01 in benefits obtained through misrepresentation, plus interest, and awarded the insurer $7,541.54 in expenses.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJan 20, 2014
