The defendant insurer brought a motion for summary judgment to dismiss the plaintiff's action for statutory accident benefits, arguing it was statute-barred because the plaintiff failed to mediate her claim and failed to return settlement funds prior to commencing the action.
The plaintiff brought a cross-motion for partial summary judgment for ongoing income replacement benefits.
The court granted the defendant's motion, finding that the failure to mediate and return the settlement funds deprived the court of jurisdiction.
The plaintiff's cross-motion was dismissed on the merits due to contradictory evidence regarding her disability.
