The appellant insurer appealed an arbitrator's decision dismissing its pre-hearing motion for documentary disclosure in an indemnity dispute.
The dispute arose after a pedestrian was struck by a car insured by the appellant and claimed statutory accident benefits from the respondent insurer under his father's motorcycle policy.
The appellant sought disclosure regarding how the claim came to be adjusted under the motorcycle policy rather than the stepmother's auto policy.
The Divisional Court allowed the appeal in part, finding the arbitrator's decision unreasonable because he conflated the statutory schemes for priority and indemnity disputes and improperly decided the issue of the claimant's choice of insurer based on an incomplete evidentiary record.
The court ordered the respondent to produce documents related to the claimant's choice of policy.
