A backhoe is an automobile under the Insurance Act for the purpose of statutory accident benefits.
The applicant was injured when struck by a backhoe while walking on a closed street.
She received statutory accident benefits from her automobile insurer, State Farm.
State Farm sought repayment, arguing that a backhoe is not an 'automobile' under the Insurance Act and therefore coverage did not apply.
On a preliminary issue, the arbitrator held that a backhoe, being a self-propelled vehicle, falls within the definition of 'automobile' under section 1 of the Insurance Act.
The applicant was an 'insured person' involved in an 'accident' and was not required to repay the benefits.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJun 19, 1995