Meeting - Wednesday, September 26, 2001 - 10:00 am-12:00 pm FSCO - 14th Floor - Tribunal Boardroom (Room 20)

AGENDA

1. The Minutes
   - Review & Approval of Minutes of June 6, 2001 Meeting
2. FSCO Reorganization
3. Statistics
4. Members Update
5. Mediation:
   - is it being used as a Bill Collection Agency;
   - when applicants have two representatives;
   - lack of preparation by applicant;
   - settlement prior to mediation - fee assessed?
6. Review of the Current Automobile Insurance System
7. Request for Comment on Proposal for Standard Invoice
8. Other Business
   
   *Next Meeting: Thursday, December 13, 2001

Dispute Resolution Group Companies' Forum Minutes of Meeting September 26, 2001

Members:
Cassandra Phillips AXA
Fia Yack AXA
Mike DeLaHaye Wawanesa
Brad Barber Allstate
Martine Sliva ING-Halifax
Ted Doyle ING-Halifax
Christine Pollard CGU
Scott MacDonald The Co-operators
Michael Rubenstein Kingsway-Jevco
Mary Wright Royal & SunAlliance

Attendees:
Ann Bythell FSCO
Barbara Dudzinski FSCO
Asfaw Seife FSCO
Shonna Neil FSCO
Roberto Pegoraro FSCO

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.

1. Review of Minutes – June 6,2001
   
   The minutes were reviewed and approved.
   
   
2. FSCO Reorganization
   
   An outline was provided of the numerous changes that have taken place. Ann Bythell was introduced as the head of the new Division incorporating the Office of the Insurance Ombudsman and the Dispute Resolution Group. In addition, the Arbitration Services Branch and the Mediation Services branch have been consolidated into the Dispute Resolution Services Branch under Barbara Dudzinski. Ann described the intent as attempting to seek efficiencies in the various operations, given their inherent similarities.
   
   
3. Statistics
   
   It was noted that volume continues to increase for both Mediations and Arbitrations. The increases are slightly ahead of the actuarial projections. The Appeals are running lower than anticipated.
   
   There was a question as to where inquiries could be directed for delayed Arbitration decisions. Asfaw Seife confirmed that the Arbitration Unit (direct inquiry to Senior Arbitrator) does receive and respond to such inquiries.
   
   
4. Members Update
   
   Mary Wright will prepare and distribute an updated list of members.
   
   
5. Mediation
   
   Several issues were raised concerning the mediation process including the pilot project involving service providers and multiple insured representatives.
   
   The guidelines for Identifying the Applicability of the Mediation Assessment Fee was once again discussed. It was agreed that a sub-committee would meet to draft a formal response to the guidelines. The draft guidelines have been in place since February, 2001 when they were first provided to Industry Forum. December 31, 2001 has been targeted to finalize the guidelines.
   
   The discussion of the pilot service provider project in mediation included anecdotal reports from some insurers that it may promote abuse by some providers. It was noted that the project was undertaken to provide efficiencies in case management and has been successful from that perspective. The ratio of service provider files to regular files was not available at the time of the meeting.
   
   
6. Review of Current Automobile System
   
   The Government's Consultation Paper was discussed. It was suggested that members attending the meeting on the Mediation Fee Guidelines would discuss approaches to the Government's Paper as well.
   
   
7. Auto Insurance Standard Invoice
   
   Roberto Pegoraro confirmed the November release of the Standard Invoice, noting that a Bulletin would be issues within the week. At present there will not be the capability for data collection, until there is an electronic version. Insurers will be authorized to use the Standardized Invoice when they have authorized direct billing.
   
   
8. Other Business
   
   The Dispute Resolution Case Directory has now been available to insurers since February, 2001.
   The 4th version of the Dispute Resolution Practice Code has been in place since June, 2001. Feedback on both items would be appreciated by Dispute Resolution Services.
   
   Next Meeting: December 13,2001 @ 10:00 a.m.