M.P. v. Allstate Insurance Company of Canada (18-012641)

The claimant applied for accident benefits; the insurer argued that the incident was not an accident. The claimant was burned by hot tea while at a red light. The tea had been passed to her through a drive-through window minutes prior and the lid was not securely placed on the cup. Adjudicator Reilly held that the incident was not an accident. The facts of loss did not satisfy the direct causation test. Nothing about the vehicle caused the impairment, and the claimant’s presence in her vehicle was incidental to her injuries. Rather, it was the negligence of the fast-food server in failing to secure the lid that caused the impairments.