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Moore v. Certas Direct Insurance Company (19-008177)

  • October 9, 2020

The self-employed claimant was injured when a garage door fell on his head during the delivery of a parcel. He applied for accident benefits, which the insurer denied. Adjudicator Norris held that the incident was not an accident for SABS purposes. The parties agreed that the purpose test was met, as the delivery of a parcel was one of the ordinary uses to which a van may be put. The causation test was not met. The claimant’s use of his van ended once he left it to deliver the parcel to the recipient’s door. The garage door falling on the claimant’s head was also an intervening act, independent of his use or operation of the van.

Full decision here

TGP Analysis

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  • FILED UNDER Accident Definition
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