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Ralph Johnson v. United Services Automobile Association

Held August 15, 2008 - Docket No. INS-08-2084
Decision Issued: August 18, 2008

The insured requested a hearing regarding USAA’s intended nonrenewal of the homeowners policy covering his secondary residence. The company submitted a sworn statement in lieu of appearance, but the author of the statement was not available for cross-examination at the time of the hearing.

Held: For the insured. The Maine Administrative Procedure Act and Bureau of Insurance Rule 355 state that no sworn written evidence shall be admitted if the author is not available for cross-examination. The company representative had provided a number where he could be reached during the hearing, but it appeared to be a wrong number belonging to an unrelated business. Calls to his regular office number only reached his voice mail. As the sworn statement and accompanying evidence could therefore not be admitted into the record, it results in a default decision in favor of the insured.