Saro Setrakian

Allstate appealed an insurance arbitrator's decision holding it responsible for paying statutory accident benefits to a claimant.

The arbitrator found that Allstate failed to notify Wawanesa of a priority dispute within 90 days of receiving a completed application, and failed to satisfy the test for late notice.

Allstate argued the 90-day period had not commenced because the application was signed by the claimant's aunt, not the claimant.

The Superior Court of Justice dismissed the appeal, holding that the arbitrator correctly interpreted 'signed application' to include signatures by non-claimants, and reasonably concluded that Allstate had sufficient information to commence its priority investigation but failed to act diligently.

The plaintiff sued multiple defendants for a serious workplace injury sustained when her arm was caught in a turret winder.

The defendant manufacturer, GN Gear, brought a motion for summary judgment to dismiss the plaintiff's claim and the co-defendants' crossclaims against it, arguing it only manufactured the machine to specifications and had no role in its design.

The court dismissed the motion against the plaintiff, finding genuine issues for trial regarding the interwoven nature of the design and manufacturing process due to reverse engineering, and the risk of inconsistent findings if partial summary judgment were granted.

The unopposed motion to dismiss the crossclaims was granted.

The plaintiff appealed and the defendants cross-appealed a Master's order regarding documentary discovery in a personal injury action.

The Master ordered the plaintiff to produce medical records from a shoulder surgery performed 10 years prior to the accident, but refused to order production of the plaintiff's accident benefits file from a 1999 accident.

The Superior Court of Justice dismissed both the appeal and cross-appeal, finding no error of law in the Master's determinations on relevance and proportionality.