The claimant was injured in an accident and sought benefits including IRBs from the insurer. The insurer denied the claimant’s IRBs relying on the s. 31(1) exclusion based on the claimant failing to notify the insurer of his change of address from Brantford to Toronto and therefore, intentionally failing to disclose a material change in risk. Adjudicator Grieves agreed with the insurer that the claimant intentionally failed to notify the insurer that he moved from Brantford to Toronto and therefore, s. 31(1)(b) applied. At the hearing, the insurer played a telephone call that occurred after the accident between the claimant and the insurer. During that telephone call, the claimant explained that he had moved to Toronto before the accident. The insurance representative advised the claimant that because of the move to Toronto, his insurance premiums would increase. The claimant then told the representative he would move back to Brantford. However, based on evidence from the hearing, his lease had expired at his Brantford residence and he admitted during the hearing that he had no intention of moving back and was frustrated that the insurer wanted to charge him higher premiums. Adjudicator Grieves held that the claimant intentionally failed to tell the insurer that he moved to Toronto, which occurred approximately four months prior to the accident. Therefore, the insurer was not required to pay the claimant an IRB pursuant to s. 31(1)(b).
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