The appellant insurer appealed an arbitral award determining it was the priority insurer required to pay statutory accident benefits to a claimant.
The arbitrator found the claimant was principally dependent on her mother and stepfather, triggering coverage under the mother's policy.
The appellant argued the arbitrator erred in calculating the claimant's means and needs, specifically regarding earning capacity, the value of housekeeping services, and the use of government statistics versus individualized assessments.
The Superior Court of Justice dismissed the appeal, finding the arbitrator made no reviewable errors and correctly applied the dependency test.
