Case Summary: Marie Melanie Armand-Marius and Wawanesa Mutual Insurance Company

Case Summary: Marie Melanie Armand-Marius and Wawanesa Mutual Insurance Company
FSCO A12-002310

Facts of the Case
The applicant in this hearing, Marie Melanie Armand-Marius has brought a claim against the company Wawanesa Mutual Insurance Company (Wawanesa) regarding her application for statutory accident benefits. On March 25, 2010 the applicant claimed she was in a motor vehicle accident which rendered her injured. She applied for the accident benefits from Wawanesa, who declined to pay for all of the benefits requested. Mediation between the parties was attempted but ended without an agreeable resolution therefore Mrs. Armand-Marius applied for arbitration at the Financial Service Commission of Ontario under the Insurance Act, R.S.O. 1990, c.I.8. Despite her attempt to arbitration, Ms. Armand-Marius has failed to appear at the Commission since the pre-hearing which occurred on April 8, 2013, for this reason Wawanesa is seeking to completely dismiss the application and is seeking compensation for the expenses incurred.

Issues
1. Should the application for arbitration be dismissed?
2. Should Wawanesa be awarded its expenses?

Law
The applicable law in this case is:
Insurance Act, R.S.O. 1990, c.I.8
Expense Regulations under the Insurance Act

Decision
1. The application for arbitration is dismissed.
2. Wawanesa is awarded expenses of the following amount for reimbursement of costs : $1,528.67

Reasons and Significance of Decision
The applicant was a member of an arbitration allied with three other arbitrations. As a result of her lack of communication with the Commission, her counsel and members of the other arbitrations, her application was dismissed. The expenses that Wawanesa had accumulated while incorporating Mrs. Armand- Marius’ claim in their preparation for hearing were recognized and the costs awarded served as reimbursement. In analysis, failure to follow up on the claim leaves the Commission to conclude that the claim has been abandoned.

Amber McVittie-Quinn is a Paralegal student at Centennial College in Toronto studying professional communications with Omar Ha-Redeye.

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