Antoinette Valle v. Aviva Canada Inc.

The adjuster for Aviva Insurance Company had suspended Ms. Valle’s benefits and refused to reinstate them unless the Applicant attended medical examinations. The adjuster wrote that Aviva “will not schedule any more insurer’s examinations until the insured provides us a letter signed by her stating that she agrees to attend any further insurer’s examinations.” The arbitrator found that by requiring such a commitment, Aviva abandoned the proper process contemplated by the law. The arbitrator agreed with Joseph Campisi that Aviva unreasonably withheld or delayed the payment of benefits to which the Applicant was entitled, and therefore the Applicant was granted a special award

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