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Nehme v. Aviva General Insurance (20-006675 & 20-006677)

  • February 3, 2022

The claimant went grocery shopping and carried half of her groceries into her home. On the next day, the claimant proceeded to retrieve the remainder of the groceries from her car, when she slipped and fell approximately 12 to 15 feet away from her vehicle. The claimant applied for accident benefits and the insurer denied the application, stating that the claimant was not involved in an “accident” as defined by the SABS. Adjudicator Grant held that the incident did not meet the definition of an “accident”. Adjudicator Grant found that any impairments that the claimant may have suffered were caused by circumstances that arose from the icy conditions of the parking garage, and not from any use or operation of the vehicle. While Adjudicator Grant recognized that retrieving and putting away groceries from a trunk meets the purpose test, he held there was an intervening act where the claimant failed on causation.

Full decision here

TGP Analysis

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  • FILED UNDER Accident Definition
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