The plaintiff was injured in a motor vehicle accident and sought statutory accident benefits, including caregiver and non-earner benefits, from her insurer.
The insurer terminated caregiver benefits after 104 weeks, prompting the plaintiff to sue for the benefits, as well as damages for bad faith and mental distress.
The Superior Court of Justice dismissed the action, finding that the claim was statute-barred because it was commenced more than two years after the insurer's clear refusal to pay.
Furthermore, the court held that even if the claim were not statute-barred, the plaintiff failed to prove she suffered a complete inability to carry on a normal life, largely due to pre-existing conditions and a lack of objective medical evidence.
The claims for bad faith and mental distress were also dismissed as the insurer's conduct was reasonable and there was insufficient evidence of compensable distress.
