S.G. v. Intact Insurance Company (17-002640)

The claimant was a pedestrian who was struck by an egg thrown at him from the occupant of a moving vehicle. He applied for accident benefits. The insurer argued that the incident was not an “accident” as defined in the SABS. Adjudicator Ferguson dismissed the application and held that the claimant had not been involved in an accident. He accepted that the purpose test had been met, but that the causation test had not. The egg throwing was an intervening act. The claimant’s injuries arose from an assault rather than due to an automobile.