J.C. v. Intact Insurance Company (18-010894)

The claimant sought entitlement to IRBs. The insurer argued that the limitation period barred the claim. Adjudicator Parish held that the limitation period barred the claim. The insurer’s denial was clear and unequivocal, and the limitation period expired May 20, 2016. The LAT application in November 2018 was out of time, and was not saved by section 7 of the LAT Act because the delay was significant and there was prejudice to the insurer. The claimant also failed to demonstrate that the merits of the case justified the Tribunal granting an extension of time.