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Insurer's request for a further medical examination denied as unreasonable; applicant permitted to proceed to arbitration.
The applicant was injured in a motor vehicle accident and received income replacement benefits until the insurer terminated them.
The applicant applied for arbitration.
The insurer scheduled a further medical examination with an orthopaedic specialist who had previously examined the applicant twice.
The applicant refused to attend.
On a preliminary issue, the arbitrator held that the scheduled examination was not reasonable, rejecting the insurer's argument that examinations are automatically reasonable after a significant passage of time.
As the expert had already rendered full opinions and there was no evidence of a change in the applicant's condition, the applicant's failure to attend had no consequences and she was permitted to proceed to the arbitration hearing.
Insurer cannot deny coverage for employee's failure to operate surveillance equipment where policy distinguishes Named Insured.
The appellant jewellery store was robbed, but its video surveillance system failed to record the event due to an employee's error in operating the VCR.
The respondent insurer denied coverage, relying on a warranties endorsement requiring the system to be operational at all times insofar as it was within the Named Insured's control.
The trial judge dismissed the action, finding the employer responsible for the employee's failure.
The Court of Appeal allowed the appeal, holding that the endorsement distinguished between the 'Named Insured' and its employees, and that the insured had satisfied its obligation by instituting a reasonably fail-safe procedure.
