The applicant was injured in a motor vehicle accident and sought statutory accident benefits from the insurer.
The insurer denied coverage, claiming the applicant had requested to delete all road coverages the day before the accident.
The applicant argued the broker made an error regarding the effective date of the coverage change.
The arbitrator found that the applicant was an insured person at the time of the accident because the broker's error could not unilaterally alter the contract.
However, the arbitrator also held that the applicant was barred from proceeding with his claim because he failed to submit a completed application for statutory accident benefits within the required time limits under section 22(1)(b) of the Statutory Accident Benefits Schedule, and the insurer's denial of coverage did not estop them from relying on this requirement.
