Neutral Citation: 1998 ONICDRG 43, 1998 ONFSCDRS 43
FSCO A96-000717
FINANCIAL SERVICES COMMISSION OF ONTARIO
BETWEEN:
MAURICIO MARIONA
Applicant
and
CANADIAN GENERAL INSURANCE COMPANY
Insurer
DECISION ON PRELIMINARY ISSUES
Issues:
Mauricio Mariona was injured in a motor vehicle accident on July 17, 1995. He received statutory accident benefits from Canadian General Insurance Company ("Canadian General"), payable under the Schedule1 Mr. Mariona applied for arbitration under the Insurance Act, R.S.O. 1990, c.I.8, as amended.
At the time of the accident Mr. Mariona was a passenger in a car owned and operated by his son, Anixar Mariona, ("Anixar"). Canadian General alleged that Anixar only arranged insurance coverage with their company after the accident, and that the Applicant therefore had no statutory accident benefits coverage from Canadian General with respect to this accident. The Insurer sought a determination of the coverage question as a preliminary issue, and requested rectification of the policy.
Mr. Mariona disputed that an arbitrator at the Ontario Insurance Commission had jurisdiction to determine the question of coverage. He also submitted that the policy was in force at the time of the accident, and alternatively, that Canadian General was estopped from denying responsibility for payment of his statutory accident benefits.
The issues in this hearing are:
Do I have jurisdiction to determine the question of coverage?
If the answer to question 1 is yes, is coverage available to Mr. Mariona under a policy of insurance, A06051306PLA?
Is Canadian General entitled to rectification of the policy to reflect an effective time of coverage as 5:00 p.m. instead of 12:01 a.m. on July 17, 1995, as stated on the policy?
Result:
I have jurisdiction to determine the question of coverage.
Coverage is available to Mr. Mariona under the policy.
Rectification is not an appropriate remedy.
Mr. Mariona's claims for entitlement to various statutory accident benefits, interest, a special award and expenses may proceed to a hearing, scheduled for November 30, 1998.
Evidence and Findings:
Background
Mr. Mauricio Mariona was injured in a motor vehicle accident on July 17, 1995. At the time of the accident he was a passenger in a car which was owned and driven by his son, Anixar Mariona. Following the accident, the Applicant applied for and was paid statutory accident benefits by Canadian General. Approximately seven months later,2 Canadian General took the position that coverage had been effected after the accident and there was no coverage available to Mr. Mariona under the policy.
Canadian General asked for rectification of the policy so that instead of stating the effective time of coverage as July 17, 1995, at 12:01 a.m., prior to the accident, the policy would state that the effective time was at 5:00 p.m., after the accident. The Applicant alleges that coverage was effected prior to the accident.
Jurisdiction
On the first day of the hearing, the Insurer requested that the hearing be confined to a determination of the question of coverage as a preliminary issue. The Applicant opposed this request. He submitted that questions of coverage had been removed from the jurisdiction of an arbitrator at the Commission by [Ontario Regulation 283/95](https://www.