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Mosa v. BelairDirect Insurance Company (21-011987)

  • January 11, 2022

The claimant brought a motion to: (1) compel the insurer to provide particulars clarifying a statement made by a claims representative in an email regarding a job site analysis; and (2) excluding the claims representative from representing the insurer before the Tribunal. Vice Chair Maedel dismissed both motions. Whether the claims representative stated something different in her email as compared to the job site analysis went to the issue in dispute before the Tribunal. The motion to exclude the claims representative was rendered moot because the insurer appointed counsel to deal with the matter. However, Vice Chair Maedel wrote that in future cases a claims representative could be excluded if he or she was not licensed with the Law Society if the Tribunal proceeding involved legal submissions.

Full decision here

TGP Analysis

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