Lito Denosta v. State Farm Mutual Automobile Insurance Company, 2014 ONFSCDRS 55

Financial Services Commission des Commission services financiers of Ontario de l’Ontario

Neutral Citation: 2014 ONFSCDRS 55

FSCO A13-003383

BETWEEN:

LITO DENOSTA

Applicant

and

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Insurer

REASONS FOR DECISION

Before: Edward Lee

Heard: February 28, 2014, at the offices of the Financial Services Commission of Ontario in Toronto

Appearances: Mr. Denosta did not attend Patricia Horak for State Farm Mutual Automobile Insurance Company

Issues:

The Applicant, Lito Denosta, was injured in a motor vehicle accident on July 12, 2011. He applied for statutory accident benefits from State Farm Mutual Automobile Insurance Company (“State Farm”), payable under the Schedule.¹ State Farm terminated or did not pay some or all of these benefits. The parties were unable to resolve their disputes through mediation, and Mr. Denosta 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:

Should this application be dismissed?

Result:

The application is dismissed.

EVIDENCE AND ANALYSIS:

This hearing was scheduled at a resumption of Mr. Denosta’s pre-hearing discussion that took place on December 4, 2013. Mr. Denosta did not attend at that resumption. On December 4, 2013, I sent a letter to Mr. Denosta informing him that a hearing date had been scheduled for him. Later, a formal notice of hearing was also sent to Mr. Denosta.

Mr. Denosta did not attend at his hearing. I am satisfied that he received notice of the hearing.

No evidence was submitted in regard to Mr. Denosta’s claim. Therefore, Mr. Denosta’s application is dismissed.

EXPENSES:

The parties may provide me with any submissions or evidence in regard to expenses within thirty days of this decision.

March 31, 2014

Edward Lee Arbitrator

Date