The plaintiff sued his former employer's group insurer for disability benefits more than four years after leaving his employment due to alleged workplace injuries.
The insurer moved for summary judgment on the basis that the claim was out of time under both the Limitations Act, 2002 and the policy's contractual limitation period.
The plaintiff argued for relief from forfeiture.
The court granted summary judgment, finding the claim was statute-barred and that relief from forfeiture was unavailable because the plaintiff's failure to file a claim amounted to non-compliance, his delay was unexplained and unreasonable, and the insurer suffered significant prejudice.
