The respondent was injured in a motor vehicle accident in Guatemala involving an uninsured driver.
He sought recovery under the uninsured automobile coverage provision of the Insurance Act.
The motions judge found the respondent was entitled to coverage, holding that the territorial limit in the policy was inconsistent with the Act.
The Court of Appeal allowed the insurer's appeal, finding no ambiguity or conflict between the policy limitation and the legislation.
The Court held that the territorial limit in the policy applied to preclude coverage for the accident in Guatemala.