E.C. v. Aviva Insurance Company (18-003072)

The insurer argued that the claimant was not involved in an accident. The claimant had driven to work and was removing items from the trunk of the vehicle. At some point either during the closing of the trunk or shortly thereafter, the claimant slipped and fell, and injured himself. Adjudicator Norris concluded that the claimant was not involved in an accident. He found that the fall occurred after the claimant had stepped away from the vehicle. That evidence came from a statement shortly after the fall, whereas the story about falling while closing the trunk was first given in an EUO a few months later. Adjudicator Norris preferred the more contemporaneous evidence, and concluded that the purpose test was not met.