Authorization & Agreement for Dispute Resolution Services
In consideration of the OmbudService for Life & Health Insurance (“OLHI”) providing both the Consumer and the Insurer with a forum for the impartial resolution of a complaint filed by the Consumer with OLHI (“Complaint”), the parties agree as follows:
1. OLHI will assist the Consumer throughout OLHI’s dispute resolution process (“the Process”).
2. The Consumer confirms that there is no past or current court action or other dispute resolution process relating to the issues described in the Complaint.
3. OLHI will assign staff to assist the Consumer with his/her Complaint. OLHI staff is permitted to discuss with and disclose to the other party any information which is provided by a party during the Process, including personal information of the Consumer which may already be in the possession of the Insurer.
4. OLHI or its staff is not liable to the parties for any damages which may arise from the Process, provided they act honestly and in good faith.
5. OLHI’s Process is non-binding, confidential and without prejudice. That means:
a) None of the parties will require OLHI or any of its staff to testify or give evidence at any legal or other proceeding;
b) None of the parties will require OLHI or any of its staff to produce any documents, records, notes or work product prepared or received in connection with the Process in any legal or other proceeding;
c) No document, recommendation or admission made by any of the parties, including OLHI, during the Process can be disclosed to anyone else (including media representatives) or used in any legal or other proceeding, without the consent of the affected party; and
d) Neither party is legally bound to accept and follow the recommendations of OLHI.
6. Where required under the Process, OLHI will publish a report issued by its Senior Adjudicative Officer on the OLHI website, omitting any personal information of the Consumer.
7. Except in the province of Quebec where it is not permitted by law, as between the Insurer and the Consumer, all relevant limitations periods, provided they have not already expired, are suspended during the Process from the date the Consumer signs this agreement until ten (10) business days from the date of issuance of OLHI’s notice to the parties that the Process is complete or otherwise terminated.
8. Each party is responsible for seeking independent legal advice should he/she feel it is necessary. OLHI cannot provide the parties with legal advice on any matters pertaining to the Complaint, including whether a limitation period has expired or may expire. If the Consumer has any concerns
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about whether the use of OLHI’s Process will affect his/ her right to pursue a legal remedy against the Insurer or any other person he /she is advised to seek independent legal advice at the earliest opportunity.
9. The Consumer may authorize a representative to act on his/ her behalf provided both the Consumer and the Consumer’s representative sign below. In that event, both representative and Consumer agree to be bound by the terms of this agreement. This means that any breach of this agreement by the Consumer’s representative constitutes a breach by the Consumer as well.
Date signed by Consumer:
Name of Consumer Signature of Consumer
Name of Insurer Signature of Insurer’s Authorized Representative
Name of Consumer’s representative
(if applicable) Signature of Consumer’s representative
(if applicable)
Holly E. Nicholson, LL.B.
Executive Director & General Counsel
Canadian Life and Health Insurance OmbudService
Operating as “OmbudService for Life & Health Insurance”
第二句话是要你保证你现在没有找其他的争议仲裁或裁决机构? 那意味着同时我不能向FSCO投诉, 对吗? |
楼主: 51论坛管理
狗仔卡
发表于 2013-9-19 19:37:16
显身卡
