The appellant's husband, a taxi driver, was found murdered in his taxi cab. The appellant claimed statutory accident benefits, including funeral and death benefits, from the respondent insurer. The insurer denied the claim on the basis that the death was not an 'accident' as defined in the Statutory Accident Benefits Schedule. The arbitrator agreed, finding no causal connection between the death and the use or operation of the vehicle. On appeal, the Director's Delegate applied the Supreme Court of Canada's causation test from Amos and upheld the arbitrator's decision, concluding that the available evidence did not establish that the murder was directly or indirectly caused by the use or operation of the taxi cab.
Ontario Insurance Commission
Neutral Citation: 1996 ONICDRG 55
Appeal P-007550
OFFICE OF THE DIRECTOR OF ARBITRATIONS
RUFINA M. EKUNAH Appellant
and
SIMCOE & ERIE GENERAL INSURANCE COMPANY Respondent
Before: Susan Naylor, Director's Delegate
Counsel: Peter A. Grunwald (for Rufina M. Ekunah) Ralph D'Angelo (for