The appellant insurer appealed an arbitration order finding it responsible for paying accident benefits to the injured respondent.
The respondent was injured while driving a taxi insured by the respondent insurer, but his spouse had a personal automobile policy with the appellant.
The Director's Delegate applied the reasoning from a related appeal and concluded that, because the respondent was the spouse of the named insured under the appellant's policy, section 268(5) of the Insurance Act required him to claim benefits under that policy.
The appeal was dismissed.
