The appellant, who sustained a catastrophic impairment in a motor vehicle accident, appealed a Licence Appeal Tribunal decision denying a special award on housing benefits.
The insurer had unreasonably delayed and withheld benefits but agreed to pay the full amount claimed shortly before the hearing.
The LAT Adjudicator granted a special award on most benefits but denied it for housing benefits because no report on the value of renovations to the existing home was provided under s. 16(4)(c) of the SABS.
The Divisional Court allowed the appeal, holding that the Adjudicator erred in law by interpreting s. 10 to require an adjudication of the amount of the benefit when the insurer had already agreed to pay the claimed amount.
