J.P. v. Royal Sun Alliance (18-006654)

The insurer sought a determination that the claimant was barred from proceeding to the LAT on the basis that he failed to attend insurer’s CAT assessments. The claimant took the position that he was not required to attend the assessments as the insurer failed to set out the medical and other reasons for requiring the assessments, as required by s. 45(3) and 44(5) of the SABS. Adjudicator Gosio found that the insurer did not adequately explain its position with reference to the claimant’s medical condition, and that the claimant was not barred from proceeding with his application to the LAT.