The applicant, Zurich Insurance Company Ltd., appealed an arbitration decision that found a collision occurred between vehicles insured by Zurich and The Personal Insurance Company, and ordered Zurich to indemnify The Personal for accident benefits paid.
The arbitrator had found, on a balance of probabilities, that contact occurred, despite an expert report suggesting otherwise, relying on witness statements and identifying deficiencies in the expert report.
The Superior Court reviewed the arbitrator's decision on a standard of reasonableness, finding it was a factual determination.
The court dismissed the appeal, concluding the arbitrator's decision was reasonable and fell within a range of acceptable outcomes.
