Tim Tucci

The applicant was injured in a motor vehicle accident while a passenger in a vehicle insured by Allstate.

He applied for statutory accident benefits from Allstate, which refused payment on the basis that he was a dependant of his mother and should claim from her insurer, General Accident.

The arbitrator held a preliminary issue hearing to determine priority.

Finding that the applicant operated a cash business and was not principally dependent for financial support on his mother, the arbitrator concluded he was not a dependant.

Allstate was ordered to pay the benefits.

The applicant was denied his expenses due to his misrepresentations regarding his employment and income.

The appellant was injured in a motor vehicle accident and applied for accident benefits from the respondent insurer.

After applying for arbitration, the appellant's lawyers discovered her claim for weekly income benefits was based on a fictitious job offer and withdrew the application.

The arbitrator ordered the appellant to pay the respondent's $2,000 assessment fee, finding the withdrawal was an abuse of process.

The appellant appealed the order.

The Director's Delegate dismissed the appeal, finding the arbitrator had a reasonable basis to exercise her discretion to order the payment.

The Director's Delegate declined to award appeal expenses to either party.