2 total
Appeal dismissed; unsigned excluded driver endorsement did not amend insurance contract without proof of agreement.
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.
Motion judge erred by setting aside settlement on a summary judgment motion instead of merely dismissing it.
The appellant insurer appealed an order that dismissed its motion for summary judgment and set aside a settlement agreement with the respondent.
The insurer conceded there were deficiencies in the notice provided under the settlement regulation but argued they were immaterial.
The Court of Appeal held that the materiality of the deficiencies could not be determined on the motion record.
However, the court found the motion judge erred by setting aside the settlement instead of merely dismissing the summary judgment motion.
The appeal was allowed in part to substitute an order dismissing the motion for summary judgment.
