Regulation 283/95 Disputes Between Insurers ensures that claimants will have access to statutory accident benefits where two or more insurers are disputing which one has the responsibility to pay accident benefits. The Regulation also requires that disputes between insurers about which insurer is required to pay accident benefits be referred to private arbitration under the Arbitrations Act, 1991. Such disputes between insurers are no longer dealt with through the dispute resolution process at the Financial Services Commission of Ontario. For more details, please refer to Practice Note 10 of Section C in the Dispute Resolution Practice Code.

Section 8(2) of Regulation 283/95 provides that "the decisions of an arbitrator made under this Regulation shall be public". The Financial Services Commission of Ontario has established and made available a centralized database containing decisions of privately arbitrated disputes between insurers. Please note that this may not be a complete list - these are the only decisions filed with FSCO to date.

For more information on the requirements of auto insurers to file private arbitration decisions regarding disputes between insurers, please refer to Bulletin No. A-9/98 Property & Casualty - Auto.

Auto insurers are reminded that they are to provide FSCO with a copy of any new privately arbitrated decisions regarding liability disputes between insurers within 15 days of its receipt. Please send the decisions in electronic format to webmanager@fsco.gov.on.ca.