Application for accident benefits dismissed due to failure to prove impairment and wilful false statements.
The applicant claimed statutory accident benefits following an alleged motor vehicle accident.
The insurer denied the claim, alleging the accident was staged and the damage was caused by a blunt object.
The arbitrator found that while an incident involving the two vehicles did occur, the applicant failed to prove he suffered a compensable impairment arising from the accident.
Furthermore, the arbitrator found that the applicant made wilful false statements regarding his medical history and prior accidents, thereby forfeiting his right to recover indemnity under section 233(1)(c) of the Insurance Act.
The application for benefits was dismissed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesNov 20, 2003
