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, priority dispute
37 State Farm v. Dominion and RSA Jan. 2006 Kenneth Bialkowski Degree of fault under Fault Determination Rules, priority dispute
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 Oct. 15, 2009 Kenneth Bialkowski "Named Insured", priority dispute
59 Security National v. Markel 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?