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Arbitration application dismissed as untimely; notice of termination sent to applicant's lawyer was sufficient.
The applicant was injured in a motor vehicle accident and received statutory accident benefits until the insurer terminated them.
The applicant applied for arbitration more than two years after the termination.
The insurer raised a preliminary issue that the application was statute-barred.
The applicant argued the limitation period did not begin because the notice of termination was sent to her lawyer, not to her personally, and was not clear and unequivocal.
The arbitrator found the notice was clear and that the insurer was entitled to rely on the lawyer's actual or ostensible authority to receive the notice.
The application was dismissed as untimely, but the applicant was awarded her arbitration expenses.
