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Insurer's application for repayment of income replacement benefits dismissed for lack of evidence of misrepresentation.
The applicant insurer sought repayment of $3,542.86 in income replacement benefits paid to the respondent, alleging wilful misrepresentation because the respondent had driven for Uber.
The Tribunal dismissed the application, finding that the insurer failed to prove the respondent used the insured vehicle for commercial purposes in contravention of the insurance contract or made a material misrepresentation.
The insurer was not entitled to repayment under section 52 of the Schedule.
