In an automobile insurance priority dispute, the appellant insurer sought production of communications between two other insurers regarding a section 10 notice.
The appellant argued the notice was part of an inappropriate scheme to circumvent the 90-day notice requirement.
The arbitrator dismissed the motion, finding the communications irrelevant as the initial notice was made in good faith.
On appeal, the Superior Court of Justice found no palpable and overriding error in the arbitrator's decision and dismissed the appeal.