Accident benefits claim dismissed and $3,000 penalty imposed after arbitrator found applicant was not an occupant.
The applicant sought statutory accident benefits, claiming he was an occupant of an insured vehicle involved in a collision.
The insurer denied benefits on the basis that the applicant was not an occupant of the vehicle at the time of the accident.
The arbitrator found the applicant's evidence to be inconsistent and unreliable, and preferred the evidence of the third-party driver and the insurer's accident reconstruction experts.
The arbitrator concluded that the applicant was not an occupant of the vehicle and therefore not an insured person entitled to benefits.
The application was dismissed, and the applicant was ordered to pay $3,000 to the insurer for commencing a frivolous and vexatious arbitration.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMay 26, 1999
