An appeal concerning the validity of an excluded driver endorsement in an automobile insurance policy.
The insured's driver's license was suspended, and she arranged insurance with the respondent on the basis that she would be an excluded driver.
After her license was reinstated, she drove the vehicle and had an accident.
The appellant, the injured parties' uninsured motorist carrier, sought a declaration that the insured was fully covered, arguing the excluded driver endorsement was void because it was not in a form pre-approved by the Superintendent of Financial Services under section 227(1) of the Insurance Act.
The court held that non-compliance with section 227(1) is a matter for the superintendent, not the courts, and that the use of an unapproved form does not necessarily invalidate the contractual agreement between the parties regarding exclusion from coverage.
