Abdi-Salam Osman v. State Farm Mutual Automobile Insurance Company, 2010 ONFSCDRS 121

Financial Services Commission des

Commission services financiers

of Ontario de l’Ontario

Neutral Citation: 2010 ONFSCDRS 121

FSCO A09-002140

BETWEEN:

ABDI-SALAM OSMAN

Applicant

and

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Insurer

DECISION ON A MOTION

Before: Jeffrey Rogers

Heard: September 24, 2010 at the offices of the Financial Services Commission of Ontario in Toronto.

Appearances: Mr. David Carranza for Injury Claims Specialists Inc.

Issue:

The issue on this motion is:

Should Injury Claims Specialists Inc. be removed from the record as Mr. Osman’s representative?

Result:

Injury Claims Specialists Inc. is removed from the record as Mr. Osman’s representative.

EVIDENCE AND ANALYSIS:

Injury Claims Specialists Inc. brought a motion to be removed from the record as Mr. Osman’s representative on the grounds that there has been a breakdown in its relationship with Mr. Osman. The motion was heard on September 24, 2010. State Farm did not oppose the motion and did not attend. Mr. Osman did not attend.

I am satisfied that Mr. Osman was given proper notice of the motion. I find that Injury Claims Specialists Inc. gave Mr. Osman a copy of his file by delivering it to him, along with a further copy of the Notice of Motion on September 23, 2010. I am satisfied that there has been a breakdown in the relationship between Injury Claims Specialists Inc. and Mr. Osman and that Injury Claims Specialists Inc. should therefore be removed from the record as Mr. Osman’s representative. An order has been issued accordingly.

October 7, 2010

Jeffrey Rogers

Arbitrator

Date