The plaintiff sought a declaration that she suffered a catastrophic impairment following a 2013 motor vehicle accident, entitling her to enhanced statutory accident benefits.
The defendant insurer argued her impairment stemmed from pre-existing mental health and addiction issues.
The court applied the 'but for' test for causation, finding that despite her pre-existing vulnerabilities, the accident triggered a conversion disorder that catastrophically impaired her functioning.
The court also held that the plaintiff was entitled to attendant care benefits even if she had not actually paid for them out of pocket, as requiring an insured to finance their own care would defeat the remedial purpose of the legislation.
