Ontario Insurance Commission
Neutral Citation: 1995 ONICDRG 162
File No. A-010957
BETWEEN:
AMRIK SINGH
Applicant
and
ROYAL INSURANCE COMPANY OF CANADA
Insurer
DECISION CORRECTION
On October 30, 1995, I issued a decision in the above matter. On page 22, paragraphs two and three state:
- Pursuant to section 12(4)(b)(i) of the Schedule, the Insurer is entitled to reduce the weekly income benefit by "any payments for loss of income... received by...the insured person...under any income continuation benefit plan..." The parties agree that the Insurer is entitled to deduct the Canada Pension Plan benefits which Mr. Singh received in the sum of $852.91 per month (or $198.35 per week), retroactive to January 1, 1994. Consequently, from January 1, 1994 onwards, the correct amount of Mr. Singh's weekly income benefit is $401.65 ($600-$198.35).
To date the Insurer has paid Mr. Singh the sum of $47,146.24 in weekly income benefits. I have found that the correct amount of weekly income benefits is $600 for the period of December 5, 1992 until December 31, 1993 (totalling $33,540) and $401.65 from January 1, 1994 to the termination date of November 14, 1994 (totalling $18,234.91). I have also found that Mr. Singh is not entitled to benefits after November 14, 1994. Therefore, the total amount that Mr. Singh should have been paid is $51,774.91 ($33,540 + $18,234.91). The amount of the underpayment is therefore $4,628.67 ($51,774.91 - $47,146.24). Accordingly, I order Royal to pay Mr. Singh the amount of $4,628.67, plus interest in accordance with section 24 of the Schedule.
These paragraphs are in error. They have been deleted and replaced by the following:
- Pursuant to section 12(4)(b)(i) of the Schedule, the Insurer is entitled to deduct "any payments for loss of income... received by...the insured person...under any income continuation benefit plan..." from 80% of the insured person's gross weekly income. Mr. Singh earned a gross weekly income of $769.23 in the four weeks prior to the accident (40,000 + 52), 80% of which is $615.38. The parties agree that the Insurer is entitled to deduct the Canada Pension Plan benefits which Mr. Singh received in the sum of $852.91 per month (or $198.35 per week), retroactive to January 1, 1994. Consequently, from January 1, 1994 onwards, the correct amount of Mr. Singh's weekly income benefit is $417.03 ($615.38 - $198.35).
To date the Insurer has paid Mr. Singh the sum of $47,146.24 in weekly income benefits. I have found that the correct amount of weekly income benefits is $600 for the period of December 5, 1992 until December 31, 1993 (totalling $33,540) and $417.03 from January 1, 1994 to the termination date of November 14, 1994 (totalling $18,766.35). I have also found that Mr. Singh is not entitled to benefits after November 14, 1994. Therefore, the total amount that Mr. Singh should have been paid is $52,306.35 ($33,540 + $18,766.35). The amount of the underpayment is therefore $5,160.11 ($52,306.35 - $47,146.24). Accordingly, I order Royal to pay Mr. Singh the amount of $5,160.11, plus interest in accordance with section 24 of the Schedule.
Paragraph three of the "Result" on page two states:
- There was no overpayment by Royal; Royal owes Mr. Singh the amount of $4,628.67, plus interest in accordance with section 24 of the Schedule.
This paragraph is in error. It has been deleted and replaced by the following:
- There was no overpayment by Royal; Royal owes Mr. Singh the amount of $5,160.11, plus interest in accordance with section 24 of the Schedule.
Paragraph three of the "Order" on page 24 states:
- There was no overpayment by Royal; Royal owes Mr. Singh the amount of $4,628.67, plus interest in accordance with section 24 of the Schedule.
This paragraph is in error. It has been deleted and replaced by the following:
- There was no overpayment by Royal; Royal owes Mr. Singh the amount of $5,160.11, plus interest in accordance with section 24 of the Schedule.
November 10, 1995
Deena Baltman
Arbitrator
Date