Financial Services Commission of Ontario
Commission des services financiers de l’Ontario
Neutral Citation: 2005 ONFSCDRS 177
FSCO A05-000361
BETWEEN:
SAMIN AHMED TALAT
Applicant
and
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
Insurer
REASONS FOR DECISION
Before: William J. Renahan
Heard: November 28, 2005, at the offices of the Financial Services Commission of Ontario in Toronto.
Appearances:
Mr. Talat represented himself
Joseph J. Sullivan for State Farm Mutual Automobile Insurance Company
Issues:
The Applicant, Samin Ahmed Talat, was injured in a motor vehicle accident on August 23, 2001. He applied for and received statutory accident benefits from State Farm Mutual Automobile Insurance Company, payable under the Schedule.1 State Farm refused to pay certain benefits. The parties were unable to resolve their disputes through mediation, and Mr. Talat 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. Talat entitled to payments for housekeeping and home maintenance services pursuant to section 22 of the Schedule?
Is Mr. Talat entitled to payments for the cost of a report by DAC Review Canada, dated August 23, 2003, 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. Talat?
Is State Farm liable to pay Mr. Talat's expenses in respect of the arbitration under section 282(11) of the Insurance Act?
Is Mr. Talat liable to pay State Farm's expenses in respect of the arbitration under section 282(11) of the Insurance Act?
Is Mr. Talat entitled to interest for the overdue payment of benefits pursuant section 46(2) of the Schedule?
Result:
The Application for Arbitration is dismissed.
Neither party is entitled to expenses from the other party.
EVIDENCE AND ANALYSIS:
At the outset of the hearing, I permitted Mr. Joseph T. Nguyen to withdraw as Mr. Talat's representative on the grounds that he was unable to contact Mr. Talat and obtain instructions.
I recessed the hearing, and after the recess, the parties advised me that they had resolved all issues between them and agreed to an order dismissing this arbitration without costs.
December 16, 2005
William J. Renahan
Arbitrator
Date
Financial Services Commission of Ontario
Commission des services financiers de l’Ontario
Neutral Citation: 2005 ONFSCDRS 177
FSCO A05-000361
BETWEEN:
SAMIN AHMED TALAT
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 Application for Arbitration is dismissed.
Neither party is entitled to expenses of the arbitration proceeding from the other party.
December 16, 2005
William J. Renahan
Arbitrator
Date
Footnotes
- The Statutory Accident Benefits Schedule — Accidents on or after November 1, 1996, Ontario Regulation 403/96, as amended.