The Estate of the insured brought a summary judgment motion to determine whether an Excluded Driver Endorsement (OPCF 28A) was valid, thereby excluding coverage for the insured's daughter under her parents' Intact insurance policy.
The daughter was driving her father's vehicle when she was involved in a collision with the plaintiff.
The plaintiff's insurer, Commonwell, argued the endorsement was invalid because it was not proven that the daughter signed it or had notice of it.
The court held that the endorsement was valid, finding that the insured parents understood and agreed to the exclusion, and that notice to or signature by the excluded driver is not a legal requirement under the Insurance Act.
