ARBITRATION DECISIONS (by date)

 

No. Name Date Arbitrator Details
1 Allstate v. Liberty Aug. 29, 1995 Lee Samis "Named Insured"
2 Allstate v. Boreal Oct. 6, 1995 Lee Samis "Insured Person", priority dispute
3 Progressive v. Zurich Jan. 7, 1996 Lee Samis "Insured Person", dependency, priority dispute
4 Co-Operators v. Royal Aug. 29, 1996 Lee Samis Occupancy, meaning of "struck", priority dispute
5 Allstate v. State Farm Oct. 30, 1996 Jay Rudolph Priority dispute
6 Dominion v. Zurich July 16, 1997 Stephen Malach Priority dispute
7 Co-Operators v. Cigna Aug. 14, 1997 Lee Samis "Named Insured", priority dispute
8 Dominion v. MVACF Nov. 10, 1997 Lee Samis Dependency
9 The Personal v. Security National July 7, 1998 Lee Samis Occupancy, "Insured Person", priority dispute
10 Co-Operators v. Zurich, with Appeal of Madam Justice Speigel dated Aug. 13, 1999, including further endorsement dated Oct. 18, 1999 July 27, 1998 Jay Rudolph Does death constitute a "Physical Injury"?
11 Lloyds of London v. State Farm Oct. 13, 1998 Bruce Robinson "Named Insured" priority dispute
12 Commercial Union v. Boreal Property Dec. 21, 1998 Philippa Samworth What is the extent of production required between two insurers in a loss transfer matter pursuant to s. 275 of the Insurance Act?
13 GAN General Insurance v. State Farm Dec. 30, 1998 Jay Rudolph Loss transfer
14 Unifund v. Commercial Union (Endorsement on Appeal) June 30, 1999 Ferrier, J. "Named Insured", loss transfer
15 Federation v. Liberty May 7, 1999 Lee Samis Dependency
16 Jevco v. Unifund July 29, 1999 Jay Rudolph Who is responsible for legal expenses of settlement? Loss transfer
17 Guardian v. Wawanesa Aug. 5, 1999 Stephen Malach Was notice of dispute properly given? Was one year limitation period complied with?  Priority dispute
18 Dominion v. Kingsway Aug. 23, 1999 Lee Samis Fault Determination Rules, nature of "Loss Transfer", automobile "Involved" in accident
19 Liberty Mutual v. Federation, with Judgment of Labrosse, Doherty and Austin, JJ. A. on appeal dated Apr. 10, 2000 (dismissed with costs) Sept. 15, 1999 O`Leary, J. Dependency
20 State Farm v. Kingsway Oct. 20, 1999 Lee Samis "Regular Use", "Other Entity", priority dispute
21 AXA v. Co-Operators, with Endorsement of Nordheimer, J. on appeal dated May 3, 2001 May 1, 2000 Jay Rudolph Was notice of dispute properly given?
22 Jevco v. State Farm Aug. 22, 2000 Lee Samis Motion to compel non-party to examination for discovery
23 Jevco v.State Farm Sept. 13, 2000 Lee Samis Motion re production
24 Dobkina v. Commercial Union Sept. 27, 2000 William Renahan Assessment of Expenses and Order
25 Pafco v. Economical and MFACF, with Endorsement of Gans, J. dated Aug. 28, 2001 on appeal (appeal dismissed), Supplementary Award-Interest of Jessee Glass dated Sept. 6, 2002, and Supplementary Award-Costs of Jessee Glass dated Sept. 6, 2002 Oct. 18, 2000 Jesse Glass Definition of "Insured Person", priority disupte
26 ING Halifax v. Travellers and Great-West Oct. 27, 2000 Bruce Robinson Was notice of dispute properly given? Priority dispute
27 Co-Operators v. Halifax Dec. 14, 2001 Lee Samis Dependency
28 State Farm v. Lloyds of London, with Supplementary Reasons dated July 10, 2002 Jan. 16, 2002 M. Guy Jones Is State Farm entitled to proceed with arbitration? Priority dispute
29 Dominion v. Wawanesa Sept. 17, 2004 Lee Samis Dependency
30 Canada Life v. Progressive Dec. 2, 2004 Lee Samis Limitation period for bringing claim against second party insurer, loss transfer
31 ING v. Non-Marine Underwriters, with Appeal (dismissed) dated June 21, 2005

Feb. 23, 2005

 Lee Samis Does misrepresentation or non-disclosure defence negate loss transfer obligations?
32 Allstate v. Allianz Mar. 7, 2005 Lee Samis Dependency
33 Co-Operators v. Zurich/ING May 11, 2005 Lee Samis Dependency
34 AXA v. Belair Direct Sept. 2005 Kenneth Bialkowski Physical connection to vehicle insured/element of control over vehicle, priority dispute
35 Certas v. CGU/Aviva Dec. 5, 2005 Lee Samis What is effect of contractual arangements between Claimant`s father and his insurer on the availability of SABS to the Claimant?
36 RSA v. State Farm Jan. 2006 Kenneth Bialkowski Degree of fault under Fault Determination Rules, loss transfer
37 State Farm v. Dominion and RSA Jan. 2006 Kenneth Bialkowski Degree of fault under Fault Determination Rules, loss transfer
38 Co-Operators v. ING May 2, 2006  Lee Samis Dependency
39 Economical v. Belair May 2, 2006 Lee Samis Notice and whether insurance company can dispute its obligations in view of notice if given or not given, priority dispute
40 Citadel v. Pembridge, with Costs and Interest Award dated July 4, 2006 May 25, 2006 Lee Samis Dependency and whether person is "Spouse" within meaning of SABS
41 AXA v. ING May 25, 2006 Lee Samis "Named Insured", "Regular Use", priority dispute
42 Gore v. Co-Operators Aug. 28, 2006 Lee Samis Occupancy, accident in New York, priority dispute
43 ING v. AXA Oct. 31, 2006 James Chadwick, J. WSIB, heavy commercial vehicle, Schedule 1 employee, priority dispute
44 Zurich v. Co-Operators Jan. 3, 2007 M. Guy Jones Reimbursement for legal expenses in defending FSCO arbitration brought by injured claimant, loss transfer
45 MVACF v. State Farm Mar. 30, 2007 M. Guy Jones Stay of proceeding re whether comprehensive policy or whether it included liability and thus SABS; MVACF, priority dispute
46 TTC v. Co-Operators July 23, 2007 Lee Samis Dependency
47 Motors v. State Farm Oct. 2007 Kenneth Bialkowski Indemnification for DAC assessments and insurer exams, loss transfer
48 Dominion v. Lombard Nov. 13, 2007 Lee Samis Did A give written notice to R within 90 days of receipt of Completed Application for Benefits?  Priority dispute
49  ING v. Temple May 7, 2008 Lee Samis Loss transfer re SPF6 coverage
50  Security National v. Markel Oct. 15, 2008 Lee Samis Production privilege
51  ING v. State Farm Apr. 15, 2009 Lee Samis What constitutes "Completed Application", priority dispute
52 Gore Mutual v. Guarantee Company, with Reasons for Decision of Echlin, J. on appeal dated July 8, 2010 Apr. 18, 2009 Lee Samis "Named Person", priority dispute
53 ICBC v. Federated July 3, 2009 Lee Samis Dependency
54 Farmers Mutual v. Co-Operators July 3, 2009 Lee Samis Can one insurer put another on notice of a priority dispute more than 90 days after having received a Completed Application for Benefits? "Named Insured", spousal status, priority dispute
55 ING v. Zurich July 23, 2009 Shari Novick Do loss transfer provisions apply to claims arising out of motor vehicle accidents involving pedestrians? Loss transfer
56 Primmum v. State Farm Aug. 31, 2009 Lee Samis Dependency
57 Optimum v. State Farm Oct. 7, 2009 Kenneth Bialkowski Interpretation of words "outside city, town or village" re Fault Determination Rules
58 Kinsgway v. Gore with Reasons for Decision of Perell, J. on appeal dated Sept. 27, 2010 Oct. 15, 2009 Kenneth Bialkowski "Named Insured", priority dispute
59 Security National v. Markel with Reasons for Decision of Perell, J. on appeal dated Sept. 27, 2010, and companion decision (Reasons for Decision of Perell, J. re Kingsway v. Gore dated Sept. 27, 2010) Nov. 20, 2009 Lee Samis Occupancy, choice, "Named Insured", "Regular Use"
60 State Farm v. Coachman Apr. 6, 2010 Lee Samis Priority dispute re SABS benefits payable
61 Geico v. Aviva Apr. 19, 2010 Lee Samis Is a dependent of Ontario social welfare programs an "Insured Person" under the SABS?
62 Guarantee Company v. Wawanesa and Zurich May 7, 2010 Lee Samis

Was Claimant a dependent on the CAS? Can a person be dependent on anyone other than a natural person?
63 Gore Mutual v. Lombard and MVACF June 21, 2010 Kenneth Bialkowski Loss transfer - Is Gore`s purported letter of termination legally sufficient to result in a termination of Gore`s insurance obligations under the policy?
64 Coseco v. ING July 21, 2010 Lee Samis Dependency status and determination of whether ING is obliged to accept priority responsibility for SABS
65 Economical v. Kingsway Aug. 9, 2010 Scott Densem "Deemed named insured" priority dispute re s. 268 payment of SABS
66 Federation v. Kingsway Dec. 16, 2010 Scott Densem Limitation discussion with respect to a loss transfer claim. The Limitations Act 2002 applies and the limitation starts to run with receipt of each notice of a claim for indemnity
67 Wawanesa v. Peel Jan. 28, 2011 Lee Samis

Priority dispute - Does a second tier insurer intending to pursue other insurers have to provide notice within 90 days as the first tier insurer is required to do?
68 State Farm v. Markel Feb. 4, 2011 Lee Samis Loss transfer - Is there a loss transfer when the injured person claiming benefits is a cyclist, injured in connection with an incident that involves a heavy commercial vehicle?
69  RSA v. Zurich Feb. 7, 2011 Kenneth Bialkowski Priority dispute - Who has priority to adjust and fund the AB claim?
70 Economical v. Wawanesa Feb. 8, 2011 Kenneth Bialkowski Complicated Priority dispute - Were policies properly cancelled prior to DOL?
71 Security National v. Axa Feb. 15, 2011 William J. McCorriston Was the Claimant dependent on his son, the named insured?
72 Ace of America v. Security National Mar. 11, 2011 Kenneth Bialkowski 90 day limitation period re priority dispute claims and the interpretation of s. 3 - Disputes Between Insurers
73 Markel v. Co-Operators Mar. 31, 2011 Lee Samis Obligation to make SABS payments - Are the proceedings initiated precluded as a result of not being commenced in a timely fashion?  Do the time limits imposed by O. Reg. 283/95 govern the issue, or does the Limitations Act 2002 apply, superseding the O. Reg. 283/95 provisions?
74 ING v. Markel Apr. 4, 2011 Lee Samis Limitations Act applies to loss transfer. The limitation starts to run after notice, and after a proceeding is appropriate
75 Kingsway v. Zurich Apr. 4, 2011 Lee Samis An insurer that failed to pursue priority issues against a higher ranking insurer was precluded from recovering indemnity under loss transfer
76 Wawanesa v. Aviva and MVACF May 19, 2011 Kenneth Bialkowski What constitutes proper notice of a priority dispute as required by Section 3(1) of Ontario Regulation 283/95?
77 Wawanesa v. Peel and Economical June 21, 2011 Lee Samis Did Peel receive a complete Application for Benefits?  What is the effect of the saving provision found in ss. 3(2) of Ontario Reg. 283/95?
78 AXA v. CNA July 22, 2011 Lee Samis Loss transfer, recoverability, interest and costs
79 Security National v. The Personal Aug. 9, 2011 Kenneth Bialkowski Priority dispute re dependency and the test to be applied
80 Economical v. Royal Aug. 11, 2011 Lee Samis Loss transfer – “The incident” should not take into account antecedent events that are not the proximate cause of the loss
81 Markel v. State Farm Aug. 11, 2011 Kenneth Bialkowski Deflection and "the first party to have received a completed Application for Accident Benefits"
82 St. Paul`s Travelers v. York Fire  Aug. 11, 2011 Lee Samis Dependency – Selection of reference time frame for determination of financial dependency. Desirability of using objective information for the purpose of determining needs
83 Allstate v. ING Aug. 18, 2011 Lee Samis Dependency - Timeframe for assessment for person resident elsewhere, in MVA while visiting family in Canada
84 ACE v. Intact Aug. 22, 2011 Lee Samis Priority dispute - Insurer not exempted from giving notice within 90 days, not having conducted reasonable investigation
 85  TD v. Markel  Aug. 24, 2011  Lee Samis Insurer who accepted priority after receiving Notice of Dispute may reverse that position if representation made in Notice of Dispute about person`s status as not a listed driver is inaccurate
86 Guarantee v. State Farm and ING  Sept. 9, 2011 Lee Samis Priority dispute - “Completed Application” determined not to be one of the rare cases where there is deemed to be receipt of a “Completed Application” without a signed OCF 1
87 Intact v. Jevco Oct. 13, 2011 Kenneth Bialkowski Spousal issue
88 AXA v. Loblaw Oct. 13, 2011 Kenneth Bialkowski Involved vehicle