The insurer brought a motion to amend its Response to an Application for Arbitration to include a claim for repayment of benefits under section 47 of the Statutory Accident Benefits Schedule, alleging the insured made misrepresentations.
The insured opposed the motion, arguing the insurer had not sufficiently pleaded the necessary elements of a claim for repayment.
The arbitrator granted the motion, finding that the insurer provided sufficient particulars to establish a genuine issue for the hearing and that the insured would not be prejudiced by the amendment.
