Minh Tran (Estate of) v. State Farm Mutual Automobile Insurance Company, 2015 ONFSCDRS 56

Financial Services Commission des

Commission services financiers

of Ontario de l’Ontario

Neutral Citation: 2015 ONFSCDRS 56

FSCO A13-007904

BETWEEN:

MINH TRAN (Estate of)

Applicant

and

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Insurer

REASONS FOR DECISION

Before: Richard Feldman

Heard: Written submissions were received by February 27, 2015.

Appearances: Angela (Wing Chi) Chui for the Applicant

Stacey Hsu for State Farm Mutual Automobile Insurance Company

Minh Tran claimed to have been injured in a motor vehicle accident on August 11, 2010. She applied for statutory accident benefits from State Farm Mutual Automobile Insurance Company (“State Farm”), payable under the Schedule.¹ Disputes arose between the parties concerning the Ms. Tran’s entitlement to certain accident benefits. The parties were unable to resolve their disputes through mediation and, in June 2013, Ms. Tran applied for arbitration at the Financial Services Commission of Ontario under the Insurance Act, R.S.O. 1990, c.I.8, as amended.

The pre-hearing conference was commenced on August 26, 2014. Ms. Tran participated. Since Ms. Tran was unable to particularize her claims, the pre-hearing conference was adjourned. The conference was resumed on November 28, 2014. At that time, the Applicant’s representatives advised that they had lost contact with Ms. Tran and a deadline was set (January 30, 2015) to see if Minh Tran still desired to pursue her claims. Just prior to that deadline, the Applicant's representative, Ms. Chui, wrote to me to advise that Ms. Tran had died (on December 16, 2014). Ms. Chui subsequently filed a copy of the Proof of Death Certificate, a copy of Ms. Tran’s last will and testament and a signed declaration from Thi Tuyet Vu, the trustee of Ms. Tran’s estate, requesting that these proceedings be discontinued.

The Insurer has consented to a dismissal of this application on a “without costs” basis.

At the request and on the consent of the parties, I shall dismiss this application.

March 18, 2015

Richard Feldman Date

Arbitrator