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Insurer's preliminary motion dismissed; limitation period did not run due to ambiguous and premature denial.
The insurer brought a preliminary issue motion arguing that the applicant's claim for non-earner benefits was statute-barred because she failed to apply for arbitration within two years of a clear and unequivocal denial.
The arbitrator found that the insurer's initial denial was premature and rendered ambiguous by subsequent contradictory communications and requests for further medical information.
The limitation period did not begin to run until a later, unequivocal denial was issued.
The motion was dismissed, and the claim was allowed to proceed.
