Death benefit awarded where motor vehicle accident materially contributed to death by accelerating underlying cancer.
The applicant's husband, who had previously survived pancreatic cancer, was involved in a severe motor vehicle accident that left him continuously disabled.
He died six months later from sepsis.
The insurer denied the death benefit, arguing the death was caused by a recurrence of cancer.
The arbitrator found that while cancer likely played a role, the trauma and stress of the accident materially contributed to the death by weakening the deceased's immune system and significantly accelerating his decline.
The applicant was awarded the death benefit and funeral expenses, but her claim for a special award was dismissed because the insurer's initial denial was reasonable given the complex medical evidence.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJul 27, 2006