The appellant insurer appealed an arbitration decision finding that the respondent was not excluded from receiving weekly statutory accident benefits.
The respondent had been convicted of failing to produce an insurance card, but a charge of driving without insurance was stayed under the Kienapple principle.
The Director of Arbitrations dismissed the appeal, holding that the exclusion under paragraph 17(1)(c) of the Schedule requires a specific conviction for driving without insurance, which did not occur.
Furthermore, the exclusion under paragraph 17(1)(d) for driving while not authorized by law relates to licensing issues, not insurance status.
