The appellant insurer appealed a decision finding that an unsigned OPCF 28A Excluded Driver Endorsement did not amend the contract of insurance to exclude coverage for a driver.
The Court of Appeal dismissed the appeal, agreeing with the application judge that while the signature of the insured on the form is an evidentiary rather than a legal requirement, there must be an agreement between the insurer and insured to amend the contract.
The application judge had ample evidence to find that, in the absence of a signed form, the insured had not agreed to the amendment.
