The applicant sought production of any surveillance evidence held by the insurer, regardless of whether the insurer intended to rely on it at the hearing.
The arbitrator dismissed the motion, holding that under Rule 40 of the Dispute Resolution Practice Code, an insurer is not obligated to produce surveillance evidence or disclose its existence unless and until it decides to rely on it.
The arbitrator found that he was bound by prior appellate decisions of the Director's Delegate confirming this interpretation.
