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Motion to dismiss arbitration denied, but insurer awarded $300 in expenses for applicant's delays.
The applicant was injured in a motor vehicle accident and applied for statutory accident benefits, which the insurer disputed.
After the applicant failed to attend multiple pre-hearing resumptions and failed to comply with undertakings to produce documents, the insurer sought to dismiss the proceeding without a hearing under Rule 68.1 of the Dispute Resolution Practice Code.
The arbitrator declined to dismiss the proceeding, noting the applicant eventually provided an explanation for her absence and agreed to sign authorizations for the required documents.
However, the arbitrator awarded the insurer $300 in expenses due to the unnecessary delay and expense caused by the applicant's conduct.
