Mahoney v. Co-Operators General Insurance Company (19-007708)

The preliminary issue at this hearing was whether the claimant was involved in an “accident” as defined within s. 3(1) of the SABS. The claimant submitted that she was involved in an accident because she was stepping out of her automobile when she slipped on ice and suffered injuries. The claimant’s body did not strike her vehicle as she fell. The claimant submitted no evidence at the hearing. The insurer argued that the claimant’s motor vehicle was not a direct cause of the claimant’s injuries and that the incident did not meet the test for an accident. Adjudicator Farlam found that the claimant’s injuries were caused by an intervening event and were not a consequence directly caused by the use or operation of a motor vehicle. The incident did not meet the causation test for an accident. The claimant was not entitled to accident benefits.