Improper Excluded Driver Forms Can Still Be Enforceable
The Ontario Court of Appeal, in Royal & Sun Alliance Insurance Company of Canada v. Intact Insurance Company ("RSA v. Intact")1, recently addressed the manner in which the OPCF 28A excluded driver form may be issued by the insurer.
In Ontario, an insurer may require a driver to execute an excluded driver endorsement, the 28A form, acknowledging they are not insured to drive a particular vehicle. Failure to comply with this endorsement will result in a denial of coverage. The 28A form is...
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