Aviva sought repayment of $14,514 in Income Replacement Benefits (IRB) and $5,537 in insurer examination expenses from the respondent, whose auto policy was voided for failing to disclose that his partner, who had a poor driving record, had moved in with him.
The Tribunal found that the respondent intentionally failed to notify Aviva of a material change in risk, entitling Aviva to repayment of the IRB under s. 52(1)(b) of the Statutory Accident Benefits Schedule.
However, the Tribunal dismissed Aviva's claim for reimbursement of insurer examination expenses, finding no statutory basis for such recovery.
No costs were awarded.
