The applicant, Northbridge General Insurance Corporation, appealed an arbitration decision that found it was higher in priority to pay statutory accident benefits for an individual with advanced dementia.
The arbitrator had determined that the individual was not principally dependent on her daughter for care, which would have shifted priority to the daughter's insurer, RBC General Insurance Company.
The Superior Court reviewed the arbitration decision on a standard of reasonableness, finding no error in the arbitrator's assessment of dependency, which considered the extensive care provided by a long-term care facility versus the daughter's contributions.
The appeal was dismissed.