Certas Home & Auto Insurance Company appealed an interim arbitration decision which held that Unifund Assurance Company had complied with the notice provisions under s. 3(1) of O. Reg. 283/95 (Disputes Between Insurers) by providing timely notice of a priority dispute for statutory accident benefits.
The core issue was the interpretation of "completed application" and when the 90-day notice period for disputing liability began.
The court dismissed the appeal, finding no error of law or palpable and overriding error in the arbitrator's interpretation or application of the regulation.
The court affirmed that a "completed application" for the purpose of s. 3 means one that provides sufficient information to allow the first insurer to notify another insurer of a dispute, not merely a filled-out and signed OCF-1 form.
