After an accident, insurers may dispute over who is liable to pay accident benefits to a claimant. Rather than going through the court system, insurers may choose to resolve the dispute through private arbitration. For improved transparency, the Financial Services Regulatory Authority (FSRA) publishes decisions of all privately arbitrated disputes between insurers for accidents that occurred on or after September 1, 2010.
The Publication of Private Arbitration Decisions Involving Ontario Regulation 283/95: Disputes Between Insurers outlines the process for reporting private arbitration decisions. It was established by FSRA’s predecessor, the Financial Services Commission of Ontario (FSCO).
An insurer found liable by an arbitrator must provide FSRA, within 15 days of receipt from the arbitrator, the following in electronic format:
- a copy of the arbitrator's decision*
- a copy of the Insurer Remittance Form for Disputes Between Insurers Arbitration Decisions.
Both are to be sent to [email protected].
*Before an insurer sends the decision to FSRA, it should ensure that any personal information that could identify an individual, or that might be used with other information to identify an individual, is removed from the copy of the arbitrator’s decision submitted to FSRA. Insurers should delete or de-identify all names and identifying numbers, symbols or other particulars assigned to individuals.
For information on de-identification, you can reference the Information Privacy Commissioner of Ontario’s (IPC) De-identification Guidelines for Structured Data and Fact Sheet on Personal Information.