1 total
Insurer ordered to produce pre-mediation settlement rationale document relevant to special award claim.
The applicant sought production of a document in the insurer's file setting out the rationale for a settlement offer made prior to mediation.
The applicant argued the document was relevant to her claim for a special award under section 282(10) of the Insurance Act.
The arbitrator found the document was relevant to assessing whether the insurer unreasonably withheld or delayed benefits, and that it was not shielded by litigation or settlement privilege.
The insurer was ordered to produce the document.
