Chris McCormack was successful on behalf of our client in this preliminary issues hearing addressing limitation issues. The claimant was found to be barred from proceeding with her claim for 10 benefits for failure to commence a proceeding within two years of the insurer’s refusal to pay the amount claimed. Vice-Chair McGee agreed with Adjudicator Neilson’s decision in S.S. v. Certas Home and Auto Insurance Company (18-001196/AABS), and held that it is not within the LAT’s jurisdiction to extend the limitation period under s. 7 of the LAT Act.
Of note, Vice-Chair McGee agreed with Adjudicator Neilson’s decision in S.S. v. Certas Home and Auto Insurance Company (18-001196/AABS), and held that it is not within the LAT’s jurisdiction to extend the limitation period under s. 7 of the LAT Act.
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