J.G. v. Co-operators General Insurance Company (18-012430)

The claimant sought entitlement to NEBs. The insurer argued that the limitation period barred the dispute. Adjudicator Boyce agreed with the insurer. He concluded that while the denial of NEBs could be considered “pre-emptive” it was still a valid denial, following the Court of Appeal’s decisions in Bonaccorso and Sietzema. The insurer’s post-denial conduct in investigating the claim for NEBs did not vitiate the initial denial. Finally, the adjudicator held that section 7 of the LAT Act should not apply to allow an extension of the limitation period. Prior to the two-year anniversary of the denial, it was clear to the claimant that the insurer was refusing to pay NEBs.