Guild Yule Counsel obtain Court of Appeal ruling on excess coverage

In Stroszyn v. Mitsui Sumitomo Insurance Company Limited, 2014 BCCA 431, Guild Yule LLP’s Donald W. Yule QC and Shauna Gersbach successfully argued that a driver defendant was insured under a policy of excess insurance obtained by a leasing company that specifically excluded coverage for anyone other than it. The policy had, however, failed to include the mandatory statutory language for excluding coverage prescribed by s.61 of the Insurance (Vehicle) Act.  The Court of Appeal found that the failure to include the statutory language precluded Honda’s insurer from excluding the driver from coverage.