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R.K. v. Aviva Insurance Canada (17-006866 and 17-006651)

  • November 18, 2020

The insurer sought reconsideration of the Tribunal’s decision regarding a special award of $1,500 on ACBs on each of two claims which were granted due to unreasonably withheld or delayed payments. The insurer agreed with the quantum of ACBs, but requested that the Tribunal cancel the $1,500 award. The special award had been granted because over two years had passed since the insurer was ordered to pay ACBs to the claimants and the insurer had not submitted any other method that would result in lower payments than would the minimum award approach advocated for. The insurer argued that the initial reconsideration decision did not order it to make any payment pending the final outcome of the quantum hearing. Vice Chair Shapiro denied the insurer’s reconsideration request, noting that an award does not require a breach of an order for payment (only that payment be unreasonably withheld or delayed) and that when an amount is settled, it is payable.

Full decision here

TGP Analysis

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  • FILED UNDER Special Award, Reconsideration
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