The insured’s son was driving the vehicle when he was involved in a motor vehicle accident.  At the time of the accident he had no fully licensed supervisor in the vehicle and there was a passenger also with the restricted license.  The insurer declined the claim because failing to have a fully licensed driver was a breach of his restricted license and also carrying a passenger, who was not fully licensed, was also a breach of his restricted license. 

The insured claimed to the Ombudsman that having the passenger in the vehicle and the absence of a supervisor would have made no difference in the accident situation.  However, the Ombudsman found that a fully licensed driver, acting as supervisor, could have helped avoid the accident.  Therefore the insurer was entitled to decline the claim. 

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