The claimant’s adult son was involved in a motorcycle accident and died as a result of the accident. A preliminary issue hearing was held to determine: (1) if the claimant was an “insured person” under the SABS at the time of the accident, and (2) whether the claimant was statute-barred from claiming benefits sought as she failed to commence a LAT proceeding within two years of the respondent’s denial. In this case, the claimant was the registered owner of the motorcycle involved in the accident that she bought for her son’s use, but the named insured on the policy was a friend of the claimant’s son. At the time of the accident, the claimant lived alone, received a disability benefit and was self-supporting. Adjudicator Conway dismissed the LAT dispute. She found that the claimant was not an “insured person” under the policy because she was not principally dependant on her son for financial support or care at the time of the accident.
Menu