M.R. v. Aviva Insurance Company of Canada (16-000216)

The claimant was involved in an MVA in December of 2013. An OCF-1 was submitted in February of 2014. Aviva sent OCF-9s in February, March, April, and May 2014, informing the Applicant that the MIG governed her injuries and as such she did not have coverage for attendant care benefits. The Applicant brought an application for arbitration in May of 2016 seeking attendant care benefits. Adjudicator Richards held that the limitation period did not begin to run until an application for ACBs had been made, and further, that the insurer’s denials were not clear and unequivocal.