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Successful plaintiff and third parties recovered $70,000 in post-trial costs.
This post-trial costs endorsement followed a trial in which the plaintiff recovered damages and the defendant's counterclaim and third party claim were dismissed.
The court held that the plaintiff was entitled to substantial indemnity costs from the date after its successful Rule 49 offer, and assessed the plaintiff's fees and disbursements as reasonable and proportionate.
The court reduced the third parties' claimed partial indemnity costs, relying on the usual partial indemnity range and proportionality relative to the plaintiff's work.
Total costs of $70,000 were awarded against the unsuccessful defendant.
Insurer ordered to pay for medical assessments and a special award for unreasonably delaying payment.
The Applicant was injured in a motor vehicle accident and sought payment for four medical assessments and reports under section 24 of the Statutory Accident Benefits Schedule.
The Insurer refused payment, arguing the reports were duplicative, deficient, or medical-legal in nature.
The Arbitrator found that the Insurer was not limited to its initial reasons for denial, but ultimately concluded that all four assessments were reasonable at the time they were requested and were obtained for the purpose of the Regulation.
The Arbitrator ordered the Insurer to pay for the assessments with interest, awarded the Applicant her arbitration expenses, and ordered a special award of 25 percent regarding two specific unpaid assessments for which the Insurer provided no reason for non-payment.
