B.A. v. Economical Mutual Insurance Company (18-005968)

The claimant applied for reconsideration of the Tribunal’s decision that section 31 barred his claim for IRBs because of a material misrepresentation relating to her address, which resulted in lower insurance premiums. Vice Chair Johal dismissed the reconsideration request. The Vice Chair held that the Tribunal did not err in allowing evidence of the phone call where the claimant purchased insurance to be admitted, and rejected the argument that the claimant was not permitted to make submissions regarding the issue. The Vice Chair also held that the SABS did not give the Tribunal power to apply equitable remedies such as waiver or estoppel.