Ontario Insurance Commission
Neutral Citation: 1995 ONICDRG 12
Between:
Mukalanga Ntumba
Applicant
and
Security National Insurance Company
Insurer
DECISION
Issues:
The Applicant, Mukalanga Ntumba, was involved in a motor vehicle accident on May 31, 1992. He applied for and received statutory accident benefits from Security National Insurance Company ("Security National"), payable under Ontario Regulation 6721. Security National stopped paying weekly benefits on August 31, 1992. Mr. Ntumba claims ongoing weekly benefits. The dispute was not resolved through mediation, and Mr. Ntumba applied for arbitration under the Insurance Act, R.S.O. 1990, c.I.8, as amended.
After Mr. Ntumba applied for arbitration, he was convicted of operating the motor vehicle involved in this accident without liability insurance. Security National claims that Mr. Ntumba is not eligible for weekly benefits based upon the conviction.
A hearing on this issue was set to be heard by telephone at 2:00 p.m. on December 22, 1994, upon notice to the parties. On that date Mr. Alex Voudouris made submissions on behalf of Security National. Mr. Ntumba did not appear. Mr. Ntumba was afforded an opportunity to make submissions after the hearing concluded. He did not respond.
The issue is:
- Is Security National required to pay weekly benefits to Mr. Ntumba?
Result:
- Security National is not required to pay weekly benefits to Mr. Ntumba.
Evidence and Findings:
Section 17(1)(c) of the Schedule states that insurers are not required to pay weekly income benefits to the driver of the automobile involved in the accident;
(c) if, as a result of the accident, the driver is convicted of operating the automobile while it was not insured under a motor vehicle liability policy.
I was provided with photocopies of the following documents:
Metro Toronto Police traffic ticket no. W6096440, charging Mukalanga Ntumba with operating a motor vehicle without insurance on May 31, 1992.
Provincial Court information sheets, showing the record of appearances, Mr. Ntumba's conviction and fine on traffic charge no. W6096440.
Defendant's Motion and Affidavit To Extend Time In Which To File An Appeal from the traffic conviction, dated April 27, 1994.
Provincial Court motions docket of September 12, 1994, showing that Mr. Ntumba's Motion was denied.
These documents satisfy me that on February 9, 1994, Mr. Ntumba was found guilty of operating a motor vehicle without insurance on May 31, 1992. The conviction was not overturned on appeal. I find that Mr. Ntumba was convicted of operating a motor vehicle at the time of the accident without liability insurance, and that under section 17(1) of the Schedule Security National is not required to pay weekly benefits to Mr. Ntumba.
Order:
- Mr. Ntumba is not entitled to weekly benefits.
February 14, 1995
Fred B. Sampliner
Arbitrator
Date