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Racey v. The Co-operators General Insurance Company (20-011995)

  • January 21, 2022

The claimant parked and exited her vehicle, and proceeded to walk around the rear of the vehicle when she slipped and fell on an icy driveway. 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. Vice-Chair Farlam held that the claimant’s injuries were not a consequence directly caused by the use or operation of the automobile but were caused by a later intervening cause, that she slipped on ice on the ground. Ice on the ground and the claimant’s slip and fall constituted an independent intervening event that broke the chain of events, and her use or operation of the automobile was not the dominant feature of the claimant’s injuries.

Full decision here

TGP Analysis

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  • FILED UNDER Accident Definition
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