In Heartland Farm Mutual v. Wawanesa Mutual Insurance Company (decision of Arbitrator Samworth, January 19, 2022), Jonathan Schwartzman successfully obtained for the Applicant loss transfer indemnity for accident benefits paid. The Respondent’s purported pre-accident cancellation of its automobile insurance policy for the heavy commercial vehicle at fault for the accident, was found to be invalid for both a failure to comply with Statutory Condition 11 of the OAP1 with respect to payment of policy premium refund, and the grounds cited for the cancellation not properly existing. As a result, the Respondent’s policy remained in effect at the time of the accident and must respond to the loss transfer indemnity claim.
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Heartland & Wawanesa – Award dated January 19, 2022