AGENDA
- Review and Approval of Minutes from Previous Meeting
– March 1, 2001 - Statistics
- Jurisdictional Issues Arising in Mediation
- FSCO Communication with Insurers & DRG Company's Forum
- Guideline for Identifying the Applicability of the Mediation Assessment Fee
- Agreements with Health Practitioners
- FSCO Internet Site - Mediator Listing
- 7. Other Business
*Next Meeting: Friday, September 26, 2001 @ 10:00 A.M.
Minutes of Meeting
June 6, 2001
Members:
Cassandra Phillips AXA
Mike DeLaHaye Wawanesa
Brad Barber Allstate
Leanne Lagana Dominion of Canada
Martine Sliva ING-Halifax
Christine Pollard CGU
Debbie Diamanti Zurich
Scott MacDonald The Co-operators
Mary Wright Royal & SunAlliance
Regrets:
Rohit Trivedi Temple Insurance
Joan Leger Kingsway
Attendees:
David Draper FSCO-DRG
John Lobo FSCO-DRG
Barbara Dudzinski FSCO-DRG
Roberto Pegoraro FSCO-AIPU
The Dispute Resolution Group Companies Forum (Companies Forum)- includes representatives from auto insurance companies dealing with disputes before the Commission involving motor vehicle accident claims and statutory accident benefits. It consults with the Dispute Resolution Group of the Financial Services Commission of Ontario on issues relating to the dispute resolution system.
- Review of the Minutes – March 1, 2001 Meeting
Barbara Dudzinski distributed revised minutes for the March 1, 2001 meeting. The revisions were reviewed and the minutes were approved.
- Statistics Mediation Statistics:
The mediation/arbitration/appeals statistical report is provided to the attendees at the beginning of every meeting. Rather than review this report in its entirety during the meeting, it was agreed that the FSCO representatives would highlight points of significance, emerging trends, staffing/ workload changes, etc. during the meeting.
Barbara Dudzinski distributed the DRG Results for the Fiscal Year 2000-2001 reflecting a year over year workload increase of over 20% in both mediation and arbitration with mediation results showing full settlements at 51% partial settlement at 19%; each mediator is processing approximately 315 mediations / year.
There was some discussion about the reasons for the increased activity levels, arising from increases in accident frequency, earned exposure and the percentage of claims entering mediation.
Barbara reviewed last year's activities and work in progress. On June 18, 2001, the DRG hired 9 new permanent mediators, 5 contract mediators and one mediator trainee.
Actuarial projections for the upcoming year's workload indicate a need to increase the number of mediators from 33 to a range of 36-38.
- Arbitration Statistics:
David Draper indicated that the number of arbitrations is similarly increasing.
The DRG is considering the best way of refining its arbitration statistics to reflect when and how claimants are represented.
The number of arbitrators will increase to 18 or 19.
David Braund has been appointed the new senior arbitrator.
- Jurisdictional Issues Arising at Mediation
The insurers raised their concern re the appropriateness of some of the issues that are proceeding to mediation. This was a discussed in conjunction with the need for early identification of issues that are not appropriate for mediation by the caseworker during the screening process. The group also discussed the need for extensions when a DAC has been scheduled that is relevant to the issues in dispute; and, the need for production of documents in advance of the mediation.
- FSCO Communication with Insurers & the DRG Company's Forum
The importance and value of providing information/bulletins to the insurance companies' ADR co-ordinators; as well as the CEOs was discussed.
- Guideline for Identifying the Applicability of the Mediation Assessment Fee
The group reviewed and discussed a number of the scenarios outlined in the guidelines.
Christine Pollard of CGU agreed to collect data from insurers that will demonstrate the problems being experienced by insurers in relation to these guidelines.
- Agreements with Health Practitioners
Roberto Pegoraro agreed to contact members of the automobile insurers' Bill 59 fees committee to obtain an answer to the following questions in relation to the "Agreement Between the Ontario Psychology Association and the Ontario Automobile Insurers' Bill 59 Fees Committee":
1) what is the Insurer's responsibility when a completed application package has not been received; and,
2) what is the insurer's responsibility when a multi-disciplinary treatment plan is submitted?
- FSCO Internet Site – Mediator Listing
The need for a telephone extension directory for mediators was discussed. It was indicated that the DRG is looking into this matter.
Presently the extension numbers can be found on the government web site.
- Other Business:
Practice Code
The fourth edition of the Dispute Resolution Practice Code was implemented May 31, 2001. The new code applies to all new and existing cases with the following exceptions:
If the case has had a pre-hearing before May 31, 2001 unless the parties agree to the new code or as ruled by the arbitrator.
There was a brief discussion re the new "Application for Mediation" and "Application for Arbitration" forms.
The new forms are available on the FSCO web site under FORMS.
Performance Measures
The IBC has made a number of comments and recommendations regarding the DRG's performance measures in response to FSCO's consultation on FSCO performance measures being proposed for implementation.
Dispute Resolution Case Directory
There is a new agreement and indemnification form.
FSCO & OSC Merger
A copy of the Consultation Draft entitled "Establishing a Single Financial Services Regulator", can be found on the FSCO web site under "What's New". Comments are to be submitted to John O'Toole MPP & Parliamentary Assistant to the Minister of Finance by June 29,2001.
Top 12 Arbitrators' Suggestions to Counsel Regarding Best Practices at FSCO
The group was provided with a copy of the "Top 12 Arbitrators' Suggestions to Counsel Regarding Best Practices at FSCO".
* Next Meeting(s): September 26, 2001 @ 10:00
December 13, 2001
Financial Services Commission of Ontario