The appellant insurance company appealed a Superior Court judgment that set aside an arbitrator's award regarding insurance coverage.
The issue was whether an 81-year-old man was principally financially dependent on his son at the time of a motor vehicle accident, which would determine which insurer was liable to pay.
The arbitrator found that the man was dependent, applying the Safeco test.
The appeal judge overturned this, finding the arbitrator failed to account for the voluntary nature of the dependency.
The Court of Appeal allowed the appeal, holding that the arbitrator's factual determination of dependency was reasonable and entitled to deference, and restored the arbitrator's award.
