Duncan v. The Co-operators General Insurance Company (19-014310)

A written preliminary issue hearing was held to determine whether the claimant was involved in an accident as defined in s. 3(1) of the SABS. The parties agreed that the claimant sustained injuries when he slipped and fell after exiting his vehicle. The claimant was completely out of the vehicle and had walked approximately 10 feet away when the fall occurred. Adjudicator Lake found that the claimant failed to satisfy both the purpose and causation. The claimant had completed his use and operation of the vehicle prior to the fall, and the walk across the parking lot was an intervening act. Adjudicator Lake found that the claimant was not involved in an accident as defined by the SABS. The application was dismissed.