H.A. v. Intact Insurance Company (18-002501)

The claimant, an Uber driver, was assaulted while waiting in his car to pick up passengers. The claimant sustained injuries as a result of the attack, and applied for accident benefits. The insurer denied coverage on the basis that the incident was not an “accident” under the SABS. Adjudicator Johal agreed. He concluded that the assault was an intervening act, and that the impairments were caused by the assault and not by the use or operation of the vehicle. The claimant was dismissed.