The claimant applied for and received various accident benefits from Aviva, including $14,514 in IRBs. Aviva subsequently voided the policy because the claimant failed to disclose that his partner, who had a poor driving record, had moved in with him one year prior to the accident. Aviva applied for an order requiring the claimant to repay the $14,514 in IRBs and to reimburse for the $5,537 expended on IEs to address the claimant’s entitlement to IRBs. Adjudicator Shapiro concluded that Aviva was entitled to repayment of the $14,514 in IRB, but not to reimbursement of the $5,537 related to the IEs. He found that, on the balance of probabilities, the claimant intentionally failed to disclose materials information, and Aviva did not reasonably know of the information through other means. However, regardless of whether there is an intentional failure to disclose, IE expenses are not subject to repayment under section 52.
