Applicant had a reasonable excuse for a 3.5-year delay in claiming benefits due to agent's misinformation.
The applicant was seriously injured in a motor vehicle accident in India in 1994 that killed three family members.
He applied for statutory accident benefits in 1998, approximately three and a half years after the 30-day time limit.
The insurer refused to pay benefits due to the delay.
The arbitrator found that the applicant had a reasonable excuse for the delay under subsection 59(4) of the Schedule, as his father had reasonably relied on incorrect advice from an insurance agent that coverage did not extend to overseas accidents, and acted expeditiously once he received correct legal advice.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJul 28, 2000
