Aviva General Insurance Company v. H.H. (17-007805)

The insurer sought repayment of NEBs accidentally paid to the claimant from four weeks after the accident rather than 26 weeks after the accident. Adjudicator Hamud concluded that the insurer was not entitled to repayment. He held that because the first payment of NEBs that was made in error was more than 12 months prior to the repayment request, the insurer was unable to seek repayment. This was despite the repayment request being less than 12 months later than subsequent bi-weekly NEB payments made in error.