The Applicant, a pedestrian, was struck by a motor vehicle insured by Allstate.
She sought statutory accident benefits.
A preliminary issue hearing was held to determine whether Allstate or York Fire (the insurer of her mother's partner) was responsible for paying benefits.
The arbitrator found that the Applicant's mother and the named insured under the York Fire policy were 'spouses' within the meaning of the Insurance Act, as they had cohabited continuously for over three years despite maintaining separate residences for a 17-month period due to financial difficulties.
Therefore, the Applicant was an 'insured person' under the York Fire policy and York Fire was responsible for paying the benefits.
