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This proceeding arose upon a request for hearing made by Carol Ridlon to contest the pending nonrenewal of automobile insurance coverage provided by Teachers Insurance Company. On September 12, 2003, the insurer mailed a notice of nonrenewal effective November 17, 2003 on policy number 60720920, citing “motor vehicle report for Wesley with speeds on 7-31-00, 3-1-01, 12-26-01, 5-23-2 and accident on 1-31-02” as the grounds for nonrenewal. Pursuant to 24-A M.R.S.A. § 2920, the insured's hearing request was timely.

A hearing in this matter was held on October 22, 2003 with Mary Ellen Albert sitting as designated hearing officer pursuant to 24-A M.R.S.A. §§ 210 and 2920. The purpose of the hearing was limited to establishing the existence of the proof or evidence given by the insurer to support its reason for policy nonrenewal. Staff representing Teachers Insurance Company submitted a sworn statement in lieu of appearing at the hearing. Carol Ridlon also submitted a sworn statement in lieu of appearing at the hearing.

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

1. Horace Mann Insurance Company has insured Carol Ridlon’s vehicles since 1993. This policy applies to the 1999 Ford Escort.
2. Wesley Ridlon has had speeding convictions on 7/31/2000, 3/1/2001, 12/26/2001, and 5/23/2002.

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.

Dawn Fry, Policyholder Compliance Services Administrator for the Horace Mann Companies, submitted an affidavit on behalf of Teachers Insurance Company. She provided a copy of Wesley Ridlon’s motor vehicle record, which shows three speeding convictions within the 36 months prior to the policy’s expiration date.

Carol Ridlon testified in her affidavit that Horace Mann has unsuccessfully attempted to nonrenew her policy on two prior occasions and the Bureau of Insurance has instructed the company to renew. The reason for the reinstatement of the last two nonrenewals was based on the fact that the company had not complied with all requirements of the Cancellation Control Act. However, the circumstances that led to prior reinstatements do not seem present in this case. Wesley’s convictions do provide Teachers Insurance Company with legal grounds for nonrenewal. Wesley is listed as a driver on Carol’s policy, and is a resident of the household.

The Superintendent of Insurance has jurisdiction over this matter pursuant to 24-A M.R.S.A. § 2920. Teachers 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 Teachers Insurance Company has established adequate grounds for policy nonrenewal.

INDEX OF RECORD:

ORDER AND NOTICE OF APPEAL RIGHTS

The intended nonrenewal is hereby approved. Teachers Insurance Company is directed to continue coverage until January 30, 2004 at 12:01 a.m. to allow Ms. Ridlon 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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