Samantha Simpson

The applicant sought a death benefit following the death of his son in a motor vehicle accident.

The insurer denied the claim on the basis that the applicant failed to apply for benefits within the two-year limitation period and that the deceased was not a dependant.

The arbitrator held that the applicant was precluded from proceeding to arbitration because he failed to submit an application within two years of the accident, and that section 129 of the Insurance Act did not provide relief from forfeiture for this failure.

Furthermore, the arbitrator found that the deceased, a university student whose parents were divorced and shared his expenses equally, was not principally dependent for financial support on the applicant.

The Applicant was injured in two motor vehicle accidents occurring four months apart.

The Insurer paid statutory accident benefits after the first accident but later terminated them.

Following the second accident, the Insurer resumed paying benefits, which the Applicant argued were a reinstatement of benefits for the first accident.

The Applicant applied for mediation more than two years after the initial termination.

The Arbitrator found that the Insurer's termination letter was clear and unequivocal, and the subsequent payments were attributable to the second accident.

Consequently, the Applicant's claim for benefits relating to the first accident was barred by the two-year limitation period under section 281(5) of the Insurance Act.