Financial Services Commission of Ontario

Commission des services financiers de l’Ontario

Neutral Citation: 2006 ONFSCDRS 186

FSCO A06-000191

BETWEEN:

DILIP THAKUR

Applicant

and

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Insurer

REASONS FOR DECISION

Before:

Richard Feldman

Heard:

November 9, 2006, at the offices of the Financial Services Commission of Ontario in Toronto.

Appearances:

Mr. Thakur (self-represented)

Heather Kawaguchi for State Farm Mutual Automobile Insurance Company

Issues:

The Applicant, Dilip Thakur, was injured in a motor vehicle accident on June 23, 2001. He applied for accident benefits from State Farm Mutual Automobile Insurance Company ("State Farm"), payable under the Schedule.¹ Disputes arose between the parties concerning the payment of accident benefits and the parties were unable to resolve their disputes through mediation. Mr. Thakur 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. Thakur entitled to receive a weekly income replacement benefit pursuant to section 4 of the Schedule?
What is the amount of weekly income replacement benefit that Mr. Thakur is entitled to receive?
Is Mr. Thakur entitled to receive medical benefits for the cost ($2,076.38) of exercise equipment and assistive devices, pursuant to section 14 of the Schedule?
Is Mr. Thakur entitled to receive housekeeping and home maintenance expenses from August 9, 2001 to June 23, 2003, pursuant to section 22 of the Schedule?
Is State Farm liable to pay Mr. Thakur's expenses in respect of the arbitration under section 282(11) of the Insurance Act?
Is Mr. Thakur liable to pay State Farm's expenses in respect of the arbitration under section 282(11) of the Insurance Act?
Is Mr. Thakur entitled to interest for the overdue payment of benefits pursuant to section 46(2) of the Schedule?

This application was scheduled to commence following the conclusion of a related application by Mrs. Punam Thakur (FSCO File No. A06-000190). On November 9, 2006, the parties appeared before me and advised me that they had reached a settlement of the issues raised herein. They jointly requested that I issue an order dismissing this application without costs. I indicated that I was prepared to grant their request.

November 21, 2006

Richard Feldman Arbitrator

Date