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This proceeding arose upon a request for hearing made by Robert Bouchard of Marian Drive Apartments, Inc. to contest the pending cancellation of a binder of property insurance coverage issued by a producer representing North East Insurance Company. On September 29, 2003, the insurer mailed a notice of cancellation effective October 24, 2003 on Binder # BO 3082812621, citing “First 60 days: company no longer writing class of business” as the grounds for cancellation.

A hearing in this matter was held on November 6, 2003 with Connie Mayette sitting as designated hearing officer pursuant to 24-A M.R.S.A. § 3007. Based on the information provided by North East Insurance Company at the hearing, this petition is hereby dismissed as moot, and our file is closed without further action.

Mr. Bouchard and the producer had advised the Bureau at the time of the hearing request that the coverage in question was a policy renewed on August 1, 2003. At the hearing, North East provided a binder issued by the producer effective August 29, 2003, for the purchase of property owned by the corporation. North East demonstrated that the August 1, 2003 renewal policy issued to Marian Drive Apartments, Inc. under its prior ownership was still in force, and that the binder identified above was the contract being cancelled.

As the cancellation notice was mailed before the coverage provided by that binder had been in effect for 60 days, the governing statute does not provide the right to a hearing. North East has agreed to provide coverage under the binder until 12:01 a.m. on November 21, 2003, to allow Mr. Bouchard an opportunity to obtain other coverage, or to settle the issue of what coverage is afforded to him under the Businessowners Policy in effect for the prior owner.

North East expressed its belief that the existing policy cannot be transferred to the new owner without the insurer’s written consent; therefore the insurer questioned whether Mr. Bouchard is properly protected by that policy. This is an issue outside both the scope of the hearing and the jurisdiction of the Bureau to resolve. Both parties were urged to consult legal counsel on the issue.

This is final agency action within the meaning of the Maine Administrative Procedures Act. It can be appealed 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 this action may initiate an appeal within 30 days after receipt of this notice.

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