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Pagcaliwagan v. Aviva Insurance Company (17-003500)

  • January 23, 2018

The claimant sought to exclude addendum reports completed by the insurer’s IE assessors, which were served three days after the ordered due date. Adjudicator Paluch held that the late addendum reports would be admissible at the hearing. He reasoned that the insurer had kept that claimant apprised of its intention to obtain the addendum reports, and kept the claimant well-informed of the status of the reports. He also wrote that it would not be in the interest of fairness to exclude addendum reports that were two days late – the best available evidence should be available to inform the Tribunal’s decision.

Full decision here

TGP Analysis

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