An Ontario resident insured by the respondent was injured in a car accident in North Carolina caused by a driver insured by the appellant.
The respondent paid statutory accident benefits and demanded arbitration for loss transfer under s. 275 of the Insurance Act.
The appellant refused, arguing the scheme did not apply because the accident occurred outside Canada and the policy was issued in North Carolina.
The Court of Appeal dismissed the appeal, holding that because the appellant is an Ontario insurer, it is required to arbitrate the claim.
