V.O. v. Aviva General Insurance (19-002218)

The claimant sought entitlement to the cost of a psychological assessment. The insurer argued that the limitation period barred the claim. Adjudicator Driesel agreed that the proposed assessment was denied more than two years before the LAT application. The denial was mailed to the claimant, which is a permitted method under the SABS. While no proof of mailing was filed, there was no evidence filed by the claimant or the legal representative indicating that the letter was not received. No arguments were made regarding section 7 of the LAT Act.