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FSCO lays out process for making arbitration decision public


October 18, 2010   by Canadian Underwriter


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The Financial Services Commission of Ontario (FSCO) has outlined a process that an insurer must follow when it makes public an arbitrator’s decision regarding benefits in the company’s dispute with another insurer.
In May 2010, FSCO announced that for accidents that occur on or after Sept. 1, 2010, insurers found by an arbitrator to be liable to pay benefits in disputes with other insurers would be required to make the arbitrator’s decision public.
FSCO is establishing and will be making available a centralized database that includes decisions of all privately arbitrated disputes between insurers, pursuant to Ontario Regulation 283/95, a FSCO Auto Bulletin says.
Within 15 days of receipt of a decision from an arbitrator, the liable insurer is to provide FSCO with a copy of the decision in electronic format (Mircrosoft Word) and in PDF format (not scanned).
The electronic documents are to be accompanied by an electronic copy of the attached form of ‘Insurer Remittance Form for Disputes Between Insurers Arbitration Decisions.’
Insurers are to email the documents to DBIDecisions@fsco.gov.on.ca
FSCO adds that insurers are invited to forward appeal decisions to FSCO when they are received. “This will assist FSCO in ensuring that its database contains both decisions and appeal decisions for the convenience of interested parties.”


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