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Madore v. Intact Insurance Company (20-000703)

  • June 16, 2021

The claimant was on the roof of his trailer checking the roof in preparation for a road trip when he fell off the roof and suffered significant injuries. The insurer brought a motion arguing that the claimant was not involved in an accident. Adjudicator Grant agreed with the insurer. Adjudicator Grant accepted that the incident arose out of the ordinary and well-known activities of the trailer, being a pre-travel inspection. However, Adjudicator Grant found that the incident did not meet the causation test. Adjudicator Grant agreed with the insurer that the claimant suffered injuries because he fell off the roof of his trailer. The incident did not involve the use or operation of the trailer and there was an intervening cause, being that the claimant lost his footing while standing on the roof of the trailer.

Full decision here

TGP Analysis

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  • FILED UNDER Accident Definition
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