S.K. v. Allstate Insurance Company of Canada (16-004212)

The claimant sought entitlement to accident benefits. The insurer raised a limitations objection and relied on the letter holding the claimant in section 33 non-compliance as the triggering document. Adjudicator Chloe Lester determined that a refusal to pay a benefit from a section 33 notice letter can trigger a limitation objection. A distinction was made between a letter requesting information and a letter denying payment because of failing to provide information – the latter being able to trigger a limitation period. The claimant did not provide a reasonable explanation for not providing the requested information and it was therefore determined that the claims were barred due to the limitations provision.