S.W. v. Aviva General Insurance (19-002127)

The claimant sought entitlement to IRBs. The insurer argued that the limitation period barred the claim. Adjudicator Boyce concluded that the IRB denial was clear and unequivocal and that the limitation period expired on February 13, 2019, and that the claimant applied to the LAT on February 22, 2019. However, he allowed the claim to continue based on section 7 of the LAT Act, reasoning that the delay was minor, the claimant had a bona fide intention to appeal the denial, and the prejudice to the insurer was minimal.