I was insured with Wawanesa, but earlier this year I was informed by my agent that because of too many claims I was being cancelled and that I would have to move into facility insurance at a cost of more than $4,500 a year.

I had no idea what Wawanesa was talking about, but after some inquiring on my behalf, I learned that the accident had actually occurred the previous January, the driver was a friend who was licensed and there was no payout on the accident because there was no damage done. That's why it wasn't reported.

I also asked my broker why no one ever contacted me if the accident was being charged against my policy. I was told that there was no requirement to say anything to me other than at renewal time.

Neither my broker nor the insurance company was willing to assist me any further in finding out the details of the so-called claim. I was given the name of the other party's insurance company and told to find out the details myself.

That's when I learned that the other party had gone to the police a week after the bumper bump claiming that recent back surgery had been aggravated. The police report clearly showed that there had been no damage. My friend, who wasn't charged, was told by the police officer that he didn't need to worry as the claim wasn't legitimate.

I appealed to my broker, the insurance company's ombudsman, the insurance industry's ombudsman, the Insurance Bureau of Canada, X-Coppers and an insurance lawyer. None offered me anything. I subsequently contacted a dozen other companies in order not to have to go into the facility line of insurance. None of them could help, either.

According to Toni Masi, the firm's claims manager, that no-payout accident was the fourth in a four-year period. After the first, in March 2000, $1,359 was paid out. Ms. Dattilo was hit by another driver who fled the scene.

In December 2002, nearly $6,000 was paid to repair the damage when a deer was hit. In March 2003, a third accident, the first at-fault one, resulted in $4,795 being paid by Wawanesa.

And, said Ms. Masi, while there has been no payout in the last accident, the file is still open because of the injury claim. A payout, while not probable, is possible in the future.

"Therefore, the company cannot make an arbitrary decision with respect to the acceptance or refusal of a contract. The circumstances surrounding the contract and its loss experience must fall within the parameters set forth by the filed rules," Ms. Masi said.

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