On appeal, the appeal judge disagreed with the arbitrator that
an excluded driver under a policy is also a person «specified on the policy as a driver of the insured automobile»:
Not exact matches
21st Century then moved for summary judgment because its policy contained a «Named
Driver Exclusion Endorsement» that
excluded Roberson from all coverage
under the policy; the trial court agreed and granted 21st Century's motion.
(2) Clause (1)(c) does not prevent an
excluded driver or any other occupant of an automobile driven by the
excluded driver from recovering accident benefits
under a motor vehicle liability policy in respect of which the
excluded driver or other occupant is a named insured.
225 Except as provided in the Statutory Accident Benefits Schedule, the insured
under a contract shall be deemed not to include any person who sustains loss or damage while any automobile insured
under the contract is being used or operated by an
excluded driver.
(3) Clause (2)(b) does not prevent an
excluded driver or any other occupant of an automobile driven by the
excluded driver from recovering accident benefits
under a motor vehicle liability policy in respect of which the
excluded driver or other occupant is a named insured.
The Ontario Superior Court has held that an «
excluded driver»
under an auto policy is not a «listed
driver»
under the policy for the purpose of receiving accident benefits
under...
It is important to remember though that an
excluded driver can still have recourse against the policy that
excludes him / her if they otherwise meet the definition of «insured person»
under the policy.
In the arbitration leading to the Dominion appeal («the Dominion arbitration»), the arbitrator was also of the view that an
excluded driver can be an «insured person»
under the SABS.
Listing the individual as an
excluded driver means the quoted rate may be lower because they are
excluded coverage
under that particular insurance policy.
However, you will only be personally responsible if the
excluded driver was driving your vehicle at the time, regardless of whether or not he or she was covered
under your insurance policy at the time of the accident.
They can also
exclude any licensed
driver under the age of 21.
You may list their name as an
excluded driver meaning that they will not be covered
under your policy if they
driver your vehicle.
Being an
excluded driver means the insurer will not cover that
driver under state minimums or in the event of an accident.
Most policies do not
exclude coverage for DUI, so most insurance companies will cover the at - fault
driver's damages
under the
driver's comprehensive coverage policy.
You can
exclude high - risk
drivers in your household from being covered
under your policy and therefore reduce the premiums involved.