The plaintiff commenced an action for disability benefits.
The defendant moved for summary judgment, arguing the action was barred by the policy's limitation period or the Limitations Act, 2002.
The court found the policy's limitation period unenforceable as it did not meet the statutory exceptions.
Applying the Limitations Act, the court determined that the claim was discovered on May 23, 2012, when the defendant's counsel communicated that the claim would not receive further consideration if requested medical documents were not provided within 14 days.
The knowledge of the plaintiff's paralegal was imputed to the plaintiff.
As the action was commenced on October 6, 2015, it was outside the two-year limitation period.
The defendant's motion for summary judgment was granted.
