Howes v, CAA Insurance Company (21-012279)

This is a preliminary issue decision. The claimant applied for accident benefits following an incident in February 2019. She was asleep at home when a truck drove into her house, destroying her dining room and kitchen. She alleged that she was injured when a large mirror fell down on her as a result of the incident. The insurer denied the claim on the basis that the claimant was not involved in an accident as defined by the SABS. Adjudicator Kaur found that the truck was no longer in use and operation by the time the impairments were established and held that an insurer should not be responsible for any impairments that arise out of the aftermath of an accident that has already occurred. Adjudicator Kaur found that the claimant was not involved in an accident and dismissed the application.