Application for death benefits dismissed as the insured's fatal fall was caused by alcohol impairment, not his prior accident-related foot injury.
The insured suffered a foot injury when he was struck by a vehicle while crossing a highway while impaired by alcohol.
Over a month later, he was found dead in an apartment, having bled to death from scalp lacerations sustained in a fall.
His spouse and daughters applied for statutory accident death and funeral benefits, arguing that his foot injury caused the fatal fall.
The arbitrator dismissed the application, finding that the insured fell because he was impaired by alcohol and that his foot injury did not materially or significantly contribute to his fall or death.
The arbitrator also determined that the insured's two daughters qualified as dependants under the Statutory Accident Benefits Schedule.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesOct 2, 2002
