Terminated Accident Benefits And Examinations Under Oath - What Questions Are Allowed?

In Singh and State Farm Mutual Automobile Insurance Company (FSCO A12-007594), Arbitrator Bayefsky considered whether the Applicant failed to attend an Examination Under Oath (EUO) and the consequences of same.

The Applicant was involved in a motor vehicle accident in May 2010.  She received income replacement benefits until November 2011 and housekeeping benefits until January 2012.  In August 2012, the Insurer advised that they required her to attend an EUO.  While the Applicant attended the EUO, she refused to answer questions relating to income replacement benefits and housekeeping benefits on the ground that the Insurer had initially paid her these benefits and was thereby precluded from requiring her to attend an EUO.