The defendant insurer brought a motion for partial summary judgment, arguing that the plaintiff's claim for post-104 Income Replacement Benefits (IRBs) was statute-barred because it had not been mediated and the mediation had not failed.
The court found that the issue of post-104 IRBs was before the mediator and was not resolved, meaning the mediation failed within the meaning of the Insurance Act.
The court dismissed the insurer's motion for partial summary judgment, allowing the plaintiff's claim to proceed.
