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F.C. v. Intact Insurance Company (18-012357)

  • August 31, 2021

The claimant was a long haul truck driver taking a load from Brampton to Edmonton. The claimant testified that while driving, a fire started due to overheating of electrical wiring, and he was forced to jump out of the moving truck to prevent personal injuries. The insurer took the position that claimant deliberately set the trailer on file, and raised a preliminary issue, arguing that the setting of the fire was an intervening act that resulted in the injuries. Adjudicator Watt accepted the insurer’s position and dismissed the application on the basis that the operation of the truck did not cause the fire, and the fire was an intervening act which caused the damages. In doing so, he emphasized the lack of clarity and consistent evidence from the claimant on certain key issues, including how the fire started and why he was unable to bring the truck to a stop.

Full decision here

TGP Analysis

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  • FILED UNDER Accident Definition
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