Neutral Citation: 2000 ONFSCDRS 230
FSCO A99-000157
FINANCIAL SERVICES COMMISSION OF ONTARIO
BETWEEN:
THUAN T. NGO
Applicant
and
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
Insurer
REASONS FOR DECISION
Before:
Susan Sapin
Heard:
May 30, 2000, at the Offices of the Financial Services Commission of Ontario in Toronto.
Appearances:
Kelly Campbell for Mr. Ngo
Casey Van Moorlehem for State Farm Mutual Automobile Insurance Company
Issues:
The Applicant, Thuan T. Ngo, was injured in a motor vehicle accident on October 9, 1998. He applied for and received statutory accident benefits from State Farm Mutual Automobile Insurance Company ("State Farm"), payable under the Schedule.1 State Farm terminated weekly income replacement benefits on December 9, 1998. The parties were unable to resolve their disputes through mediation, and Mr. Ngo applied for arbitration at the Financial Services Commission of Ontario under the Insurance Act, R.S.O. 1990, c.I.8, as amended.
The issues in this hearing are:
Is Mr. Ngo entitled to receive a weekly income replacement benefit of $334.10 per week from December 10, 1998 onward, pursuant to section 4 of the Schedule?
Is Mr. Ngo entitled to payments for housekeeping services in the amount of $400 from October 10 to October 31, 1998, pursuant to section 22 of the Schedule?
Is Mr. Ngo entitled to payments for the cost of examinations pursuant to section 24 of the Schedule?
Is State Farm liable to pay a special award pursuant to subsection 282(10) of the Insurance Act because it unreasonably withheld or delayed payments to Mr. Ngo?
Is State Farm liable to pay Mr. Ngo's expenses in respect of the arbitration under section 282(11) of the Insurance Act?
Result:
Mr. Ngo elected not to call any evidence at the hearing. Consequently, I find that he has not established entitlement to any of the items claimed above. The arbitration is therefore dismissed.
EXPENSES:
The parties have agreed that no expenses are to be paid by either side.
Susan Sapin
Arbitrator
Date
Neutral Citation: 2000 ONFSCDRS 230
FSCO A99-000157
FINANCIAL SERVICES COMMISSION OF ONTARIO
BETWEEN:
THUAN T. NGO
Applicant
and
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
Insurer
ARBITRATION ORDER
Under section 282 of the Insurance Act, R.S.O. 1990, c.I.8, as amended, it is ordered that:
- The arbitration is dismissed.
Susan Sapin
Arbitrator
Date
Footnotes
- The Statutory Accident Benefits Schedule —Accidents on or after November 1, 1996, Ontario Regulation 403/96, as amended by Ontario Regulations 462/96, 505/96, 551/96 and 303/98.