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Insurer awarded $5,419.07 in expenses after successfully dismissing the application due to the applicant's failure to attend insurer examinations.
The Applicant was injured in a motor vehicle accident and sought accident benefits from the Insurer.
The underlying arbitration was dismissed because the Applicant failed to attend section 44 insurer examinations.
In this expense hearing, both parties sought their expenses.
The Arbitrator found that the Insurer was completely successful in the preliminary issue hearing and was entitled to its expenses.
The Arbitrator awarded the Insurer $5,419.07 in legal fees and disbursements, taking into consideration principles of reasonableness, consumer protection, and access to justice.
