The preliminary issue in this matter was whether the claimant was barred from proceeding with a claim for IRBs because he failed to commence his application within two years after the insurer’s refusal to pay the amount claimed. Adjudicator Farlam concluded that the application was statute barred and dismissed the application. Section 7 of the Licence Appeal Tribunal Act allows the Tribunal to extend a limitation period under certain circumstances. Adjudicator Farlam found that the insurer’s denial of the claim for IRBs was clear and unequivocal, it gave reasons for the denial, and provided a description of the dispute resolution process and time limitation. The claimant did not request an extension of the limitation period and as a result did not meet the onus to establish reasonable grounds for an extension under s. 7 of LAT Act.
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