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This proceeding arose upon a request for hearing made by Ruth Robinson of Brooksville, ME, to contest the pending nonrenewal of automobile insurance coverage provided by Phoenix Insurance Company. On September 17, 2002, the insurer mailed a notice of nonrenewal effective October 22, 2002 on policy number 919059628 101 2, citing Ruth Robinson’s speeding convictions of 3/17/00, 3/24/00 and 7/24/00 as the grounds for nonrenewal. Pursuant to 24-A M.R.S.A. § 2920, Phoenix Insurance Company provided the insured with proper notice and the insured's hearing request was timely.

A hearing in this matter was held on October 24, 2002 with Mary Ellen Albert sitting as designated hearing officer pursuant to 24-A M.R.S.A. § 2920. The purpose of the hearing was limited to establishing the existence of proof or evidence given by the insurer to support its reason for policy nonrenewal. Phoenix Insurance Company submitted a sworn statement in lieu of appearing at the hearing. Ruth Robinson represented herself at the hearing.

Findings of Fact

The following facts have been proven by a preponderance of evidence submitted:

1. Phoenix Insurance Company has insured Ms. Robinson’s vehicles for at least 10 years. The present policy runs from April 22, 2002 to October 22, 2002.
2. Ruth Robinson’s motor vehicle record reflects the following convictions: 3/17/00 speeding 43 in a 25 mph zone, 3/24/00 speeding 50 in a 25 mph zone and 7/24/00 speeding 72 in a 45 mph zone.

Analysis and Conclusion of Law

Title 24-A, M.R.S.A. § 2916-A permits nonrenewal when a named insured or any operator who either resides in the same household or customarily operates an automobile insured under the policy has one or more specifically specified convictions during the 36 months immediately preceding the yearly anniversary date of the policy. Subsection 1, Paragraph D of this section permits nonrenewal for the convictions of operating a motor vehicle in excess of the speed limit on three or more occasions.

Rebecca Simons, Underwriter for Phoenix Insurance Company, submitted an affidavit on behalf of Phoenix. She provided a copy of Ruth Robinson’s motor vehicle record, which shows three speeding convictions within the 36 months prior to the policy’s expiration date.

Ruth Robinson requested that we contact Ms. Simons for cross-examination. Ms. Robinson questioned why, after almost 3 years, would the company decide to nonrenew her policy. She felt that because she is now divorced, the company is considering her a higher risk due to her marital status and age. Ms. Robinson submitted a form that she had received from Phoenix showing that she had previously qualified for a Careful Driver Discount. Ms. Robinson requested the opportunity to cross-examine Ms. Simons and we were able to reach her by telephone. After being sworn in by the hearing officer, Ms. Simons testified that on August 23, 2002, the company obtained the motor vehicle report showing the convictions. Ms. Simons further testified that Ms. Robinson’s marital status, sex and age had nothing to do with the company nonrenewal. She stated that nonrenewal was based on the three speeding convictions.

The Superintendent of Insurance has jurisdiction over this matter pursuant to 24-A M.R.S.A. § 2920. Phoenix Insurance Company bears the burden of proof for establishing that the statutory grounds for policy nonrenewal exist. Based on the evidence presented at the hearing, the Superintendent hereby concludes that Phoenix Insurance Company has established adequate grounds for policy nonrenewal.

INDEX OF RECORD:
Exhibit 1-Affidavit of Rebecca Simons
Exhibit 2-Ruth Robinson’s motor vehicle report
Exhibit 3-Copy of the applicable statute
Exhibit 4- Hearing request
Exhibit 5- Copy of notice

Order and Notice of Appeal Rights

The intended nonrenewal is hereby approved. Phoenix Insurance Company is directed to continue coverage until January 21, 2003 at 12:01 a.m. to allow Ms. Robinson time to obtain other coverage.

This Decision and Order is a final agency action within the meaning of the Maine Administrative Procedure Act. It is appealable to the Superior Court in the manner provided in 24-A M.R.S.A. § 236 and M.R. Civ. P. 80C. Any party to the hearing may initiate an appeal within 30 days after receipt of this notice. Any nonparty whose interests are substantially and directly affected may initiate an appeal within 40 days of the effective date of this Decision and Order.

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