3 total
Arbitrator dismisses claim for ongoing weekly benefits due to lack of credibility and contradictory medical evidence.
The Applicant was injured in a motor vehicle accident and received statutory accident benefits until the Insurer terminated them.
She applied for arbitration, claiming ongoing entitlement to weekly benefits, a special award, and expenses.
The arbitrator found the Applicant lacked credibility, noting inconsistencies in her testimony and medical evidence that contradicted her claims of ongoing disability.
The arbitrator concluded she was substantially able to perform her essential tasks by the time benefits were terminated.
The claims for weekly benefits, a special award, and expenses were dismissed.
Misrepresentation of vehicle ownership does not void a policy ab initio for statutory accident benefits claims by innocent third parties.
Lambton Mutual appealed an arbitration order finding it responsible for paying statutory accident benefits to an injured passenger.
Lambton Mutual argued its policy was void ab initio because the named insured misrepresented her ownership of the vehicle, meaning she had no insurable interest.
The Director's Delegate dismissed the appeal, holding that while misrepresentation of ownership may invalidate coverages based on ownership, it does not render the entire policy void ab initio.
An innocent third party occupant remains entitled to claim accident benefits under the policy.
Insurer cannot use void ab initio defence against innocent third party claiming statutory accident benefits.
The applicant was injured in a motor vehicle accident while a passenger in a vehicle insured by Lambton Mutual.
The applicant had no personal motor vehicle insurance.
Lambton Mutual argued its policy was void ab initio due to material misrepresentations by the named insured regarding ownership and principal driver status, and claimed General Accident (the insurer of the other vehicle) should pay the statutory accident benefits.
The arbitrator found that while there was material misrepresentation, the defence of void ab initio is not available against an innocent third party claiming statutory accident benefits, pursuant to section 233(2) of the Insurance Act.
Lambton Mutual was held liable to pay the benefits.
