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This proceeding arose upon a request for hearing made by Gerald Jewett of Jefferson, ME, to contest the pending cancellation of property insurance coverage issued to him by York Insurance Company of Maine. On January 9, 2003, the insurer mailed a notice of cancellation effective January 25, 2003 on policy number YMR 191887, citing “non-compliance of recommendations” as the grounds for cancellation. Pursuant to 24-A M.R.S.A. § 3007, York Insurance Company of Maine provided the insured with proper notice and the insured's hearing request was timely.

A hearing on this issue was scheduled for February 27, 2003 with Connie Mayette sitting as designated hearing officer pursuant to 24-A M.R.S.A. § 3007. 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 cancellation. Staff representing York Insurance Company of Maine did not appear at the hearing, nor did any representative submitted a sworn statement in lieu of appearance at the hearing.

ANALYSIS AND CONCLUSION OF LAW

The Superintendent of Insurance has jurisdiction over this matter pursuant to 24-A M.R.S.A. § 3007. York Insurance Company of Maine bears the burden of proof for establishing that the statutory grounds for policy cancellation exist. As no evidence was presented at the hearing, the Superintendent hereby concludes that York Insurance Company of Maine has not established adequate grounds for policy cancellation.

ORDER AND NOTICE OF APPEAL RIGHTS
The intended cancellation is hereby not approved. York Insurance Company of Maine is hereby ordered to continue coverage under Policy #YMR191887 without lapse. Coverage shall continue unless and until a subsequent valid notice of cancellation or nonrenewal is effected in accordance with applicable law.

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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