D’Arcy McGoey was successful on behalf of our client in a priority arbitration (Allstate Insurance Company of Canada v. State Farm Mutual Automobile Insurance Company, January 5, 2021, Arbitrator Jones) addressing the one-year limitation to commence arbitration. Arbitration Jones concluded that the initiating insurer did not commence arbitration within one year of the first Notice of Dispute, as opposed to the Notice of Dispute delivered to our client. The arbitrator also considered whether the Motor Vehicle Accident Claims Fund is an “insurer” for post-2010 accidents, and whether a claimant not involved in an accident could seek benefits from the Fund.
Read more about the decision here