Ruth A. Henneberry

The law firm representing the family members of a deceased insured person in a claim for death benefits brought a motion to withdraw as counsel due to a breakdown in the solicitor-client relationship.

The insurer brought a motion to stay the arbitration until the claimants produced documents proving their financial dependency.

The arbitrator granted the law firm's motion to withdraw, finding that they were unable to obtain meaningful instructions from the claimants.

The arbitrator also granted the insurer's motion to stay the proceedings until the required documents were produced.

The arbitrator clarified that the family members were not required to pursue their claims through the deceased's estate, as they were considered 'insured persons' under the Insurance Act for the purpose of claiming death benefits.

The applicant's husband was fatally injured in a motor vehicle accident while driving his own uninsured vehicle.

The applicant sought death benefits and funeral expenses from the insurer of the other vehicle involved in the collision.

The insurer denied the claim, arguing the deceased was not an 'insured person' under the Statutory Accident Benefits Schedule.

The arbitrator found that while the deceased did not meet the Schedule's definition, he did fall within the expanded definition of 'insured person' under section 2.2.3(g) of the O.P.F. 1 standard policy issued by the insurer.

The insurer was bound by the broader terms of its approved policy, entitling the applicant to the claimed benefits.

The applicant was injured in a motor vehicle accident and applied for no-fault benefits.

A dispute arose, and the applicant commenced a court action before seeking mediation.

After mediation failed, the applicant applied for the appointment of an arbitrator.

The insurer argued that the applicant had elected to proceed in court and was precluded from arbitration.

The arbitrator held that the applicant's application for arbitration constituted an election to proceed by way of arbitration, and allowed the arbitration to proceed provided the applicant withdrew his court action forthwith.