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Amare v. Economical Insurance Company (19-004635)

  • October 12, 2021

The claimant applied to the LAT seeking entitlement to accident benefits. A preliminary issues hearing was held to determine whether the claimant was involved in an accident, as defined in the SABS. The claimant said that his Samsung mobile phone spontaneously exploded in his pocket while he was driving, and that he hit his head while hastily exiting the vehicle after he had pulled the vehicle over to a stop on the side of a highway following the explosion. The insurer argued that no accident occurred or that the accident was staged for the benefit of the claimant. The claimant was found to lack credibility. Adjudicator Norris drew an adverse inference from the claimant’s refusal to produce corroborating evidence and failure to call a key eyewitness of the incident. Adjudicator Norris concluded that the accident was staged for the claimant’s benefit, and that staged accidents were excluded from the definition of “accident” in the SABS. The application was dismissed.

Full decision here

TGP Analysis

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  • FILED UNDER Accident Definition
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