Financial Services Commission of Ontario
Neutral Citation: 2008 ONFSCDRS 170
FSCO A07-000961
BETWEEN:
SANMUGANATHAN ELAIATHAMBY Applicant
and
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY Insurer
REASONS FOR DECISION
*Minor error on Page 6 corrected on November 14, 2008 in accordance with the Dispute Resolution Practice Code and section 21.1 of the Statutory Powers Procedure Act.
Before: Fred Sampliner
Heard: January 14, 15, 16, 17, 18, 22, 2008 at the Financial Services Commission of Ontario, followed by written submissions.
Appearances: David S. Wilson for Mr. Elaiathamby John P. Desjardins for State Farm Mutual Automobile Insurance Company
Issues:
The Applicant, Sanmuganathan Elaiathamby, claims he was injured in a motor vehicle accident on January 15, 2006. State Farm Mutual Automobile Insurance Company ("State Farm") denied he was involved in an accident, and refused to pay his claims for accident benefits under the Schedule.1 After mediation failed, Mr. Elaiathamby 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:
Was Mr. Elaiathamby involved in a motor vehicle accident on January 15, 2006?
Is Mr. Elaiathamby entitled to a special award under subsection 282(10)