2 total
Appeal from insurance priority dispute arbitration dismissed; no error in finding truck was involved in an accident.
The appellant appealed a judgment dismissing an appeal from an arbitrator's decision in an insurance priority dispute.
The appellant argued the judge erred in finding the arbitrator owed no deference to the Licence Appeal Tribunal and in concluding the truck was involved in an accident.
The Court of Appeal found no error in the reasons for judgment and dismissed the appeal, awarding costs of $15,000 to the respondent.
Appeal dismissed; late SABS claim without reasonable explanation properly barred under s. 55(1)1.
The appellant appealed a Licence Appeal Tribunal decision dismissing her claim for statutory accident benefits due to a two-year delay in notifying her insurer.
The appellant argued the Tribunal erred in law by dismissing the claim under s. 55(1)1 of the Statutory Accident Benefits Schedule, asserting that s. 32(10) provided the insurer's exclusive remedy of extra time to respond.
The Divisional Court dismissed the appeal, holding that s. 32(10) does not preclude the dismissal of a claim under s. 55(1)1 where the claimant fails to provide a reasonable explanation for the delay.
