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Application for arbitration of accident benefits dismissed as out of time.
The applicant was injured in a motor vehicle accident and received statutory accident benefits from the insurer.
The insurer terminated weekly benefits on June 25, 1994.
The applicant applied for arbitration in August 1996.
The insurer raised a preliminary issue that the application was made beyond the two-year limitation period prescribed in the Insurance Act.
The arbitrator found that the insurer had given clear and unequivocal notice of its refusal to pay further weekly benefits in June 1994.
As the application was received more than two years after the refusal, it was out of time and could not proceed.
The insurer's request for an award for a frivolous or vexatious proceeding was denied.
