The intervener insurer brought a motion to determine whether it could deny coverage based on an Excluded Driver Endorsement signed by the defendant driver.
The court found that the form used by the insurer was not the standard form approved by the Superintendent of Financial Services, as it failed to list the specific vehicles to which the exclusion applied.
Furthermore, the insurer failed to prove it had delivered a copy of the endorsement to the insured upon renewal.
The court held the insurer could not rely on the unapproved form and is obligated to defend and indemnify the defendant.
