J.T. v. TD General Insurance Company (19-003389)

The claimant filed a request for reconsideration to dispute the finding that he was not entitled to interest, an award, or costs related to an approved treatment plan. The request for reconsideration was denied. Adjudicator Grant found that the LAT had not made a significant error of fact or law in the hearing decision. He agreed that there was no evidence of an agreement between the claimant and the insurer that the insurer would reimburse the claimant for documents produced, and section 33 does not require an insurer to compensate an insured for producing information reasonably required to assist the insurer in determining entitlement to a benefit. Adjudicator Grant found that there was no evidence that the insurer did not pay the approved benefit within the time limit prescribed in the SABS, and without such evidence, no interest can be payable.