Claims for death and funeral benefits dismissed as motor vehicle accident did not contribute to insured's death.
The late insured was involved in a motor vehicle accident while suffering from Stage IV metastatic lung cancer.
He died several months later.
His estate and family members applied for statutory accident benefits, including death benefits, funeral expenses, and the cost of installing a Jacuzzi, arguing that the accident-related injuries interrupted his cancer treatment and contributed to his death.
The arbitrator dismissed the claims, finding based on expert oncological evidence that the accident did not materially contribute to the progression of the cancer or the insured's death, which was inevitable due to the advanced disease.
The arbitrator also found that the stepson was not a dependant and that the Jacuzzi was neither a reasonable nor necessary medical or rehabilitation expense.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesOct 20, 2004
