1 total
Insured not barred from arbitration where insurer's examination notice failed to meet strict statutory requirements.
The Applicant was injured in a motor vehicle accident and applied for statutory accident benefits.
The Insurer terminated income replacement benefits and requested the Applicant attend three insurer's examinations.
The Applicant failed to attend, and the Insurer raised a preliminary issue that she was prohibited from proceeding to arbitration under s. 55(2) of the Schedule.
The Arbitrator found that the Insurer's notice of examination failed to comply with the strict requirements of s. 44(5) of the Schedule, as it lacked medical reasons, examiner professions, and correct dates.
Consequently, the Applicant was not prohibited from proceeding to arbitration.
