Younes v. Liberty Mutual Insurance Company (20-006050)

This is a preliminary decision regarding late notice to the insurer. The claimant applied for Accident Benefits 20 years after the accident. In addition, the claimant’s insurance expired before the accident. Before October 1, 2003, S. 32(1) of the SABS provided that the insured must advise the insurer of an intention to claim benefits within 30 days of the loss date. The claimant did not notify the insurer according to S. 32(1)(a). As well the claimant was found to have failed to submit the OCF-1 within 30 days. The claimant did not provide a reasonable explanation for the delay. The claimant was barred from proceeding with LAT application.