Meredith A. Harper

The appellant appealed a summary judgment dismissing her claim for Statutory Accident Benefits (SAB) on the ground that the limitation period had expired.

The respondent insurer issued an OCF-9 denying benefits in January 2007, and the claim was not commenced until approximately six years later.

The court upheld the summary judgment, finding that the denial of benefits was unequivocal and sufficient to trigger the running of the limitation period, even if the reasons provided were legally incorrect.

The court also rejected the appellant's submission that she was denied a fair hearing.