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Findings and Decision

This proceeding arose upon a request for hearing made by Timothy Toman to contest the pending cancellation of automobile insurance coverage provided by State Farm Mutual Automobile Insurance Company. On November 24, 2003, the insurer mailed a notice of cancellation effective December 22, 2003 on policy number 28 2310-B07-19E, citing as the grounds for cancellation “driving record of Timothy S. Toman: 10/10/03 Suspension to 01/08/04-Administrative action- oper with BAC .08 or more, 07/06/03 Operating under the influence of liquor, 10/10/03 Suspension to 01/08/04-Criminal viol. Operating under the influence of liquor.” Pursuant to 24-A M.R.S.A. § 2920, the insured's hearing request was timely.
A hearing in this matter was held on January 6, 2004 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 cancellation. Staff representing State Farm submitted a sworn statement in lieu of appearing at the hearing. Timothy Toman neither submitted a sworn statement nor appeared at the hearing.
FINDINGS OF FACT
The following facts have been proven by a preponderance of evidence submitted:

1. State Farm Mutual Automobile Insurance Company has provided vehicle coverage under different policies for Mr. Toman. The cancellation pertaining to a 1989 Buick is the one addressed in this Decision.
2. Timothy S. Toman driver’s license was suspended effective 10/10/03. The current policy term is August 2003 to February 2004.

ANALYSIS AND CONCLUSION OF LAW
Title 24-A M.R.S.A. § 2914(4) permits an insurer to cancel an automobile insurance policy when the named insured or other operator who either resides in the same household or customarily operates a vehicle insured under the policy has a driver’s license suspended during the policy term, or if a renewal, within 180 days prior to the effective date.
Glenn Oliphant, Underwriting Supervisor for State Farm Insurance Companies, stated in his affidavit that State Farm cancelled the policy due to Timothy’s suspension of 10/10/2003. He stated that this suspension occurred during the policy term or within 180 days immediately preceding the policies’ effective date. He submitted a copy of the motor vehicle report.
Timothy Toman failed to appear or provide a sworn statement. Therefore, there is no evidence on the record to contradict the objective validity of the motor vehicle record as grounds for cancellation.
The Superintendent of Insurance has jurisdiction over this matter pursuant to 24-A M.R.S.A. § 2920. State Farm Mutual Automobile Insurance Company bears the burden of proof for establishing that the statutory grounds for policy cancellation exist. Based on the evidence presented at the hearing, the Superintendent hereby concludes that State Farm has established adequate grounds for policy cancellation.
INDEX OF RECORD:
Exhibit 1 – request for hearing
Exhibit 2 – copy of notice & proof of mailing
Exhibit 3 – affidavit of Glenn Oliphant
Exhibit 4 – motor vehicle report for Timothy Toman
Exhibit 5 – copy of policy

ORDER AND NOTICE OF APPEAL RIGHTS
The intended cancellation is hereby approved. State Farm Mutual Automobile Insurance Company is directed to continue coverage under policy # 28 2310-B07-19E until 12:01 a.m. on March 24, 2004 to provide an opportunity for Mr. Toman to obtain replacement 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 Title 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.
Dated March 9, 2004                                                   Alessandro A. Iuppa
                                                                                    Superintendent of Insurance
                                                                                    ____________________________________
                                                                                    by Mary Ellen Albert
                                                                                    Designated Hearing Officer

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