Neutral Citation: 1996 ONICDRG 127
OIC A96-000008
ONTARIO INSURANCE COMMISSION
BETWEEN:
J.B. (MINOR)
Applicant
and
LIBERTY MUTUAL INSURANCE COMPANY
Insurer
DECISION
Issues:
The Applicant, J.B., a minor, is the daughter of the late Diana, who died as a result of injuries sustained in a motor vehicle accident which took place on March 14, 1995. J.B. applied for statutory death benefits from Liberty Mutual Insurance Company ("Liberty Mutual"), payable under the Schedule.1 Payment of such benefits was denied by Liberty Mutual. The parties were unable to resolve their disputes through mediation and J.B. applied for arbitration under the Insurance Act, R.S.O. 1990, c.I.8, as amended (the "Act").
The issue in this hearing is:
- Is J.B. entitled to a death benefit in the amount of $10,020.00, pursuant to section 51(4)(a) of the Schedule?
J.B. also claims interest on any overdue payments, and her expenses incurred in respect of this arbitration proceeding.
Result:
J.B. is entitled to a death benefit in the amount of $10,020.00, pursuant to section 51(4)(a) of the Schedule.
J.B. is entitled to interest on the overdue payment of $10,020.00, in accordance with section 68 of the Schedule.
J.B. is entitled to her expenses incurred in respect of this arbitration proceeding.
Hearing:
The hearing was held at the offices of the Ontario Insurance Commission in North York, Ontario, on Tuesday, June 11, 1996, before me, Lawrence Blackman, Arbitrator.
Present at the Hearing:
Applicant:
J.B. (Minor)
J.B.'s Representative:
Mr. Leonard H. Kunka Barrister and Solicitor
Liberty Mutual's Representative:
Mr. Marc G. Spivak Barrister and Solicitor
Liberty Mutual's Officer:
Mr. Bob Dyer
Witnesses:
J.B.
Mr. Douglas Barney
Ms. Gladys Arlene Perry
Exhibits:
Exhibit 1
Affidavit of Eleanor Barney, sworn November 2, 1995.
Exhibit 2
Affidavit of Douglas Barney, sworn November 2, 1995.
Exhibit 3
Copy of letter from J. Ryan, Guidance Counsellor, dated November 7, 1995, and three (3) pages of handwritten notes.
Exhibit 4
Copy of letter from Ms. Donna M. Jerry, Town of Newmarket Human Resources Department, dated October 20, 1995.
Exhibit 5
Copy of letter from Ms. Karen Cummins, Buffet Taylor, dated March 7, 1996, and enclosures.
Exhibit 6
Copy of Government of Canada, Canada Pension Plan cheque dated March 1996, and cheque stub.
Exhibit 7
Copy of Eleanor Barney's 1994 Income Tax Return.
Exhibit 8
Copy of Douglas Barney's 1994 Income Tax Return.
Exhibit 9
Copy of Divorce Judgment of Fedak J., dated November 12, 1987, and money order dated June 7, 1994 payable to the Director of S.C.E.
Exhibit 10
Copy of Order of Ferguson J., dated March 21, 1996.
Exhibit 11
Copy of Social Infopac, Vol. 11, No. 2, April 1992.
Exhibit 12
Copy of excerpts from 1991 Census of Canada - Profile of Census Divisions & Subdivisions in Ontario.
Exhibit 13
Copy of Guides for Family Budgeting - 1994 Updates.
Exhibit 14
Affidavit of Service, sworn June 8, 1996.
Evidence and Findings:
J.B. was born on October 1, 1980. Her parents divorced in 1987