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Insured entitled to re-elect income replacement benefits because insurer misled her regarding eligibility.
The applicant was injured in a motor vehicle accident and initially elected to receive caregiver benefits after the insurer indicated she was not eligible for income replacement benefits.
She later sought to re-elect income replacement benefits, which the insurer refused.
The arbitrator found that the insurer had misled the applicant by stating she was simply 'not eligible' for income replacement benefits without explaining that this was due to a lack of supporting information.
As a result, the applicant was deprived of her right to make an informed election, and the arbitrator ruled she is entitled to re-elect income replacement benefits.
