The appellant appealed an arbitration decision dismissing her application for statutory accident benefits as statute-barred.
The appellant argued that the insurer's termination letter was not clear and unequivocal, and that sending the notice to her lawyer rather than directly to her was insufficient to trigger the two-year limitation period.
The Director's Delegate dismissed the appeal, finding that the termination letter, read with its enclosures, provided clear and unequivocal notice.
Furthermore, where an insured person retains a lawyer to conduct dealings with the insurer, notice to the lawyer is sufficient to start the limitation period.
