Case Summary: Hassan, Hassan and Foster and Traders

FSCO A12-006257, A12-007597 and A13-000001

FACTS OF THE CASE

Warda Hassan, Mohamud Hassan, and Anthony Foster brought a claim against Traders General Insurance Company. The applicants claimed they suffered injuries from a motor vehicle accident that took place on December 20, 2009. The three applicants applied for statutory accident benefits from the insurer. Traders General Insurance Company asserted that the applicants were not involved in any sort of accident, and thus, Traders sought a repayment of benefits. The applicants failed to participate in the pre-hearing on April 17, 2014. The mediation meeting also failed for the counsel could not get in touch with the three applicants. The applicants also made a request for arbitration. The applicants also failed to participate in the arbitration hearing on June 13, 2014.

ISSUES

The two issues outlined in the hearing are:

1) Should the applications for arbitration be dismissed?

2) Should Traders be awarded its expenses?

LAW

The applicable law in this case is the Expense Regulations made under the Insurance Act.  Specifically regulation 664 can be applied to interpret the case. Section 282 of the Insurance Act found that Traders should be awarded expenses and that the applications for arbitration be dismissed.

DECISION

1) The applications for arbitration of the three applicants are dismissed.
2) Traders General Insurance Company is entitled to the following expenses:

• $1,400.62 from Warda Hassan
• $1,151.23 from Mohamud Hassan
• $1,304.63 from Anthony Foster

REASONS AND SIGNIFICANCE OF DECISION

The applicants failed to participate at the arbitration hearing on June 13, 2014. This failure in participation leads the respondent and the Commission to believe that the applicants had deserted their claims for accident benefits. Therefore, the insurance company, Traders is awarded reasonable expenses.

Shannon O’Connor is a Paralegal student at Centennial College in Toronto studying professional communications with Omar Ha-Redeye.

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