The insurer brought a motion to dismiss the insured's application for arbitration, arguing that the insured's repeated failure to attend insurer's examinations and failure to pay a prior expense order amounted to an abuse of process.
The arbitrator dismissed the motion, finding that the insurer failed to prove it had sent the notices of assessment to the insured's correct address, despite knowing he had moved.
The arbitrator also found that the failure to pay the prior expense order was not an abuse of process, as the insurer had taken no steps to collect it and the insured's former representative had been disbarred.
