Dismissal based on a Bad Faith Application

Written by Marlett Dobson.

The issues before Arbitrator Susan Sapin in Samaru and Security National (A11-003906, January 20, 2014) were:

a)    Whether the application for arbitration should be dismissed because it was brought in bad faith as an accident did not occur.
b)    Whether the insurer was entitled to repayment.
c)    Whether the applicant had abandoned the application for arbitration.

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