Financial Services Commission of Ontario
Commission des services financiers de l’Ontario
Neutral Citation: 2006 ONFSCDRS 187
FSCO A06-000190
BETWEEN:
PUNAM THAKUR
Applicant
and
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
Insurer
REASONS FOR DECISION
Before:
Richard Feldman
Heard:
November 7, 8 and 9, 2006, at the offices of the Financial Services Commission of Ontario in Toronto.
Appearances:
Dilip Thakur for Mrs. Thakur
Heather Kawaguchi for State Farm Mutual Automobile Insurance Company
Issues:
The Applicant, Punam Thakur, was injured in a motor vehicle accident on June 23, 2001. She 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. Mrs. 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 Mrs. Thakur entitled to receive weekly caregiver benefits in the amount of $250.00 per week from August 9, 2001 to June 19, 2003, pursuant to section 13 of the Schedule?
Is Mrs. Thakur entitled to receive medical benefits in the amount of $4,261.02 for the cost of treatment and prescription medication, pursuant to section 14 of the Schedule?
Is Mrs. 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 Mrs. Thakur's expenses in respect of the arbitration under section 282(11) of the Insurance Act?
Is Mrs. Thakur liable to pay State Farm's expenses in respect of the arbitration under section 282(11) of the Insurance Act?
Is Mrs. Thakur entitled to interest for the overdue payment of benefits pursuant to section 46(2) of the Schedule?
This application was heard on November 7 and 8 and was scheduled to continue on November 9, 2006. At the commencement of the proceedings on November 9, the parties 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
Financial Services Commission of Ontario
Commission des services financiers de l’Ontario
Neutral Citation: 2006 ONFSCDRS 187
FSCO A06-000190
BETWEEN:
PUNAM THAKUR
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, and on consent of the parties, it is ordered that:
This application is dismissed.
No expenses related to this arbitration are awarded to either party.
November 21, 2006
Richard Feldman
Arbitrator
Date
Footnotes
- The Statutory Accident Benefits Schedule —Accidents on or after November 1, 1996, Ontario Regulation 403/96, as amended.