An insurer appealed a private arbitration award concerning a statutory accident benefits loss transfer dispute arising from a multi‑vehicle highway collision.
The arbitrator had found that a heavy commercial truck insured by the appellant caused a chain‑reaction collision and was 100% at fault under Rule 9(4) of the Fault Determination Rules, entitling the respondent insurer to full indemnification for benefits paid to its insured.
The appellant argued the incident constituted a pile‑up governed by Rule 11, which would limit liability to 50%, and challenged the finding of a collision involving its insured vehicle.
The court held the arbitrator’s factual findings were supported by the evidence and that Rule 9(4) was correctly applied because the other vehicles were stationary in the same lane at the time of impact.
The appeal was dismissed and the arbitration award affirmed.
