Can a motorcyclist who tripped over a motorcycle parked near his trailer and hit his head on his trailer claim an accident insurance claim?
Ontario, Canada
The following excerpt is from North Waterloo Farmers Mutual Insurance Co. v. Samad, 2018 ONSC 2143 (CanLII):
In Economical Mutual Insurance Company v. Caughy, the respondent sustained serious spinal cord injuries when he tripped over a motorcycle parked near his trailer and hit his head on his trailer. The causation element was satisfied since “the parking of the motorcycle in the circumstances that evening was the dominant feature in the incident and not simply ancillary to it,” or merely the venue where it occurred.
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