Adam Keith Wagman

The applicant sought statutory accident benefits following a February 1992 motor vehicle accident.

The insurer argued the arbitration was barred because the applicant had previously settled the claims and missed the two-year limitation period after benefits were refused.

The arbitrator found that the prior settlement release did not explicitly include the February 1992 accident.

Furthermore, the insurer's notice of refusal was not clear and unequivocal, meaning the limitation period had not expired.

The applicant was permitted to proceed to arbitration.