Maftuha Noor v. State Farm Mutual Automobile Insurance Company, 2014 ONFSCDRS 67

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

Neutral Citation: 2014 ONFSCDRS 67

FSCO A11-003487

BETWEEN:

MAFTUHA NOOR

Applicant

and

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Insurer

REASONS FOR DECISION

Before: Richard Feldman

Heard: March 17, 2014, at the offices of the Financial Services Commission of Ontario in Toronto

Appearances: Ms. Maftuha Noor, representing herself Marni Miller for State Farm Mutual Automobile Insurance Company

Issues:

The issues in this hearing are as follows:

Is the Applicant entitled to receive attendant care benefits in the amount of $785.23 per month from June 8, 2010 to June 7, 2012 for the services of Nancy Noor?
Is the Applicant entitled to receive payments for housekeeping and home maintenance services in the amount of $100.00 per week from June 8, 2010 to June 7, 2012 for the service provided by Nancy Noor?
Is the Applicant entitled to receive a medical benefit in the amount of $17,892.89 for services provided by Osler Rehabilitation Centre, particulars of which were to be provided prior to this hearing?
Is the Applicant entitled to receive $2,137.27 for a post-injury mental disability assessment by Assessment Direct, dated September 3, 2010?
Is the Applicant entitled to interest for the overdue payment of benefits pursuant to section 46(2) of the Schedule?
Is the Insurer liable to pay a special award because it unreasonably withheld or delayed payments to the Applicant?
Is the Insurer liable to pay the expenses of the Applicant in respect of the arbitration under s. 282(11) of the Insurance Act?
Is the Applicant liable to pay the Insurer’s expenses in respect of the arbitration under s. 282(11) of the Insurance Act?

Result:

On consent of the parties, this application is dismissed, without expenses.

OVERVIEW:

The Applicant, Maftuha Noor, claims that she was injured in a motor vehicle accident on June 8, 2010. She applied for statutory accident benefits from State Farm Mutual Automobile Insurance Company (“State Farm”), payable under the Schedule.¹ Disputes arose concerning the Applicant’s entitlement to accident benefits. The parties were unable to resolve their disputes through mediation, and Ms. Noor applied for arbitration at the Financial Services Commission of Ontario (“FSCO”) under the Insurance Act, R.S.O. 1990, c. I.8, as amended.

This hearing was scheduled to commence at 10:00 a.m. on March 17, 2014 at the offices of FSCO. At that time, Ms. Miller, counsel, appeared on behalf of the Insurer, together with Ms. Wendy Wong. The Applicant did not attend in person but she participated by telephone. Ultimately, the parties jointly requested that this arbitration proceeding be dismissed on a “without costs” basis and I granted this request.

April 17, 2014

Richard Feldman Arbitrator

Date