Financial Services Commission of Ontario

Meeting - June 22, 1999

DISPUTE RESOLUTION GROUP COMPANIES FORUM MINUTES OF MEETING JUNE 22, 1999


Attendees:

Brad Barber, Allstate
Mary Wright, Royal & Sun Alliance Insurance
Mike De La Haye, Wawanesa Mutual Insurance Company
Frank Law, Ing Halifax Insurance
Mike Pizzey, CICMA/Sorema Re
Phil Thorpe, The Co-operators
Shonna Neil, Mediation Unit, FSCO
Mary Sullivan, FSCO, DRG
Anne Baumgartner, CGU-Group
Jan Mackintosh, Registrar, DRG, FSCO
Habte Worku, FSCO-Mediation
Deibre Martin, Insurance Council of Canada

  1. Statistics - Jan Mackintosh

    With the latest statistic package there have been some new graphs added to show statistics on a year-by-year basis. The pending arbitrations and average days to decisions continue to reduce since the last reporting period.

    The Commission continues to close more arbitrations than they receive.

    If you have any feedback with regards to the new report layout or the information contained, please feel free to provide your feedback.

  2. Practice Code Amendments

    The Adams Report, Agency Reform Report, and the Bill 59 two year review have all combined to trigger changes to the existing Practice Code. Due to the volume of changes required, a complete new Practice Code will be printed.

    An insurer committee has been formed to provide feedback. The new code will contain timelines and performance standards for the main steps in the dispute resolution process.

    Prior to the code being amended, the Mediation Section had raised its standards re documents required for mediation. The Mediation Section is asking clients to provide information at a level sufficient for a Claims Representative to determine entitlement. It should be noted that where the applicants do not have full records, the Mediation Section indicates that insurers should be asked for the specific missing information. As the information is necessary for the mediation, it is expected that insurers will normally comply with these requests.

    The insurers requested that they be advised when the Commission has closed a mediation due to non-production of information.

    The target date for the new Practice Code will be early in the year 2000. If anybody has any wish list items for changes to the Practice Code, please provide them to Jan Mackintosh.

  3. Outreach Education Program

    This program is being sponsored by the Law Society of Upper Canada, and will coincide with the release of the new Practice Code. The program will have different modules to address different interest groups (i.e., basic, advanced topics). The Commission is looking for insurer input to provide information on what happens prior to mediation at the insurance company, and what experiences we have had as an industry. A rough draft of the proposed topics was provided to the group. Jan Mackintosh requests feedback with regards to the outline.

  4. IT Updates

    The Arbitration Decision system has now been updated with the following changes.

    i) Addition of judicial review - yes, no
    ii) New categories under appeal - yes, no, pending or closed no decision
    iii) The ability to search by category, i.e., expense, final decision or preliminary decision
    iv) Most arbitration decisions are now available in Adobe format and contain all of the proper formatting as per the original typed decision.

    Future changes include the ability to e-file the Application for Mediation, and the Response to Arbitrations sometime in the spring of the year 2000. In late summer of 1999, the dates for hearings and pre-hearings wil be available online and will be refreshed every minute.

  5. Housekeeping

    Phil Thorpe has agreed to take over the Chair of the Committee, now that Brian Jarvis has given up that position. Mary Wright has agreed to be co-chair for this Committee. Jan Mackintosh expressed thanks and appreciation to Phil Thorpe and Mary Wright for agreeing to take over the responsibilities of chair and co-chair. Jan also thanked Brian Jarvis for his hard work and contribution to Company's Forum.

    A contact list of the members of the Company's Forum Group was distributed. If there are any changes or additions to this, please contact Phil Thorpe at (519) 767-3925, ext. 2712.

  6. Next Meetings

    September 21, 1999 10:00 a.m.
    December 7, 1999 10:00 a.m.

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