Christine H. Mauro

The respondent was seriously injured in a stock car racing accident at Mosport International Speedway.

He sought statutory accident benefits under his personal motor vehicle liability policy with the appellant insurer, arguing that the uninsured stock car was an "automobile" under the Insurance Act.

The arbitrator allowed the claim.

On appeal, the Director's Delegate rescinded the arbitrator's decision, holding that a custom-built stock car used exclusively for racing on a closed track is not an "automobile" for the purposes of the Statutory Accident Benefits Schedule.

The appeal was allowed and the claim for accident benefits was denied.

The Applicant was injured while operating a stock car during a race and applied for statutory accident benefits.

The Insurer denied the claim, arguing that a stock car is not an 'automobile' under the Schedule.

The Arbitrator found that the stock car qualifies as an automobile under the broad definition in section 1 of the Insurance Act, as it is a self-propelled vehicle not specifically excluded.

The Applicant was therefore injured in an 'accident' and is entitled to proceed with his claim for benefits.