The appellant was injured in a motor vehicle accident and sued her insurer for caregiver benefits and extra-contractual damages.
The trial judge dismissed the action, finding it was statute-barred because it was commenced more than two years after the insurer's clear refusal to pay benefits.
The trial judge also found the appellant failed to establish entitlement to caregiver benefits beyond the 104-week period and dismissed her claims for bad faith and mental distress.
The Court of Appeal upheld the trial judge's findings, including his evidentiary ruling that medical reports in a document brief not referred to by witnesses were inadmissible for the truth of their contents.
