The claimant was involved in a motor vehicle accident in Alberta. At the time of the accident, he had an insurance policy that was sold in Alberta and was driving a vehicle that was registered in Alberta. He received benefits pursuant to the Alberta Automobile Accident Insurance Benefits and then claimed benefits under the SABS. The insurer refused to pay benefits under the SABS because the claimant was insured under an Alberta policy and had an Alberta address and driver’s licence. The issue at the LAT hearing was whether the Tribunal had jurisdiction to hear the dispute. Adjudicator Norris found that Part V of the Insurance Act did not apply to the claimant’s policy, therefore the claimant was not entitled to file an application pursuant to section 280(2) of the Insurance Act, and the LAT did not have jurisdiction to hear the matter.
