Arbitrator finds that using a company vehicle 3-4 times per month constitutes “Regular Use” within the meaning of 66(1) of the Statutory Accident Benefits Schedule.
Judge overturning arbitrator's decision finding insurer entitled to give notice of priority dispute beyond the 90 day limitation period on grounds that State Farm failed to make reasonable investigation of the priority issue within 90 days.
The Arbitrator found this to be a "complex and challenging" chronic pain case. According to the Arbitrator what is evident is that the insured "suffers from serious problems of some form" but her problems are not likely due to the motor vehicle accident. The Arbitrator noted credibility issues that came out in cross-examination. Although the Arbitrator indicated that the insured "presented herself to be completely disabled" she did not prove that she met the test of entitlement. Accordingly, the claim was dismissed in its entirety.
The Insurer brought a motion to compel the appointment of a litigation guardian. The claimant suffered a serious head injury in a motor vehicle accident and had been living in a vegetative of semi-vegetative state since. An Applicaiton for Arbitration was filed by her lawyer despite the fact that a litgation guardian had not been appointed. The Insurer repeatedly requested that one be appointed to no avail. A motion was brought to compel same. On the eve of the motion, a court order was produced appointing the claimant's husband as litigation guardian. The Insurer requested its costs and an Order suspending interest. The Arbitrator declined to award either, leaving the issue of costs to be decided by the hearing arbitrator and noting that the Insurer did not provide notice of the claim for an Order suspending interest.