M.K. v TD General Insurance Company (19-003616)

The insurer brought this preliminary issue hearing arguing that the claimant was barred from disputing the denial of non-earner benefits on the grounds that the claimant did not do so within the two year limitation period. Adjudicator Grant found that the insurer issued a valid denial of non-earner benefits which triggered the limitation period. The denial was clear and unequivocal and provided the claimant with the required information to determine whether to dispute the denial. As the claimant did not appeal in time, she was barred from proceeding with her application.