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Cargnelli v. Aviva Insurance Company, 2021 ONLAT-20-001892/AABS

Cargnelli v. Aviva Insurance Company, 2021 ONLAT-20-001892/AABS

Section 10 of the Regulation 664 provides that, if the Tribunal finds that an insurer has unreasonably withheld or delayed payment of benefits, the Tribunal may award a lump sum of up to 50 percent of the amount to which the person was entitled. It is well settled, however, that in order to attract an award under Regulation 664, the insurer’s conduct must be excessive, imprudent, stubborn, inflexible, unyielding, or immoderate. In Cargnelli v. Aviva Insurance Company, the Tribunal found that Aviva’s denial of treatment and expense claims did indeed lead to unreasonable delay and found the Applicant entitled to a 10% special award against the insurer.

To read the full decision, please click Cargnelli v. Aviva Insurance Company, 2021 ONLAT-20-001892/AABS.


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