Arbitrator Samis went on to observe (at para. 28) that he
would not be inclined to conclude that the priority dispute mechanism could
be utilized for offloading the continued handling of the claim. The higher priority insurer, having only a partial obligation to respond, would not necessarily be the appropriate insurer to continue the file handling, regardless of its
obligation to reimburse the optional benefit insurer. In effect, then, the insurer that has received the additional premium for agreeing to pay an optional
benefit also gets the burden of the administration of the claim. But the insurer would be entitled to reimbursement from the higher ranking insurers.
This reimbursement mechanism reduces the cost of the optional benefit for
that insurer, and therefore this translates into lower cost access to optional
benefits for consumers. This scheme makes sense.
 Later in his award, Arbitrator Samis stated as follows (at
paras. 43 and 45):
Most importantly, nothing in the Regulations, statutory provisions or in the
approved form of undertaking suggests that the priority rules, as between
insurance companies, are altered as a result of the issuance of an OPCF- 47.
[T]he net result is that the obligation for the mandatory benefits ultimately
rests with the insurer having the highest ranking under section 268 of the
Insurance Act. This is entirely appropriate. It supports the legislative
intention of making optional benefits available at reasonable cost. Any other
interpretation would have the effect of unduly loading costs onto the optional
benefit insurers and would discourage individuals from purchasing that coverage for their protection.
 I respectfully agree with and adopt the foregoing analysis
 I therefore hold that, in the first instance, CNA must pay
both standard and optional SABS benefits to Mr. Ekstein. CNA is
entitled, however, to reimbursement from Chubb for all payments
and expenses associated with paying and administering the
standard benefits paid to Mr. Ekstein. CNA is obliged to pay the
cost of all optional benefits provided.
Conclusion and Disposition
 For the above reasons, I set aside and vary the award of
the Arbitrator and declare as follows:
(1) CNA must pay both mandatory and optional SABS benefits
to Mr. Ekstein;
(2) CNA is responsible for the cost of all optional benefits provided;
(3) CNA is entitled to reimbursement from Chubb for the cost of
all mandatory benefits paid by CNA to Mr. Ekstein;