Q.S.Z. v. TD General Insurance Company (19-000403)

The insurer sought a preliminary issue hearing to determine whether the claimant was statute-barred from proceeding with her application for income replacement benefits for failing to dispute that insurer’s denial within the 2 year limitation. Adjudicator Derek Grant found that the insurer had failed to properly deny the claimant’s application for IRBs and the claimant was able to proceed with her claim. Adjudicator Grant based his reasons on the insurer’s letters that did not contain clear and unequivocal denials and the limitation period had therefore not been triggered.