Manikam v. Aviva Insurance Canada (19-006126)

The claimant sought entitlement to a special award following payment of NEBs after the Case Conference. The insurer admitted that there was a two month initial delay of payment of NEBs. There was also a failure to provide IE reports within 10 days of receipt. A seven month delay in providing the IEs was due to oversight, thought the claimant received NEBs during this period. Adjudicator Ferguson denied the claim for a special award. The insurer rectified the errors as soon as it became aware of them and paid interest as required by the SABS. Regarding late service of the IE reports, the claimant continued to receive NEBs so there was no delay or withholding of NEBs during that period.