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This proceeding arose upon a request for hearing made by Amy Kurtz to contest the pending nonrenewal of automobile insurance coverage provided by Green Mountain Insurance Company. On November 24, 2003, the insurer mailed a notice of nonrenewal effective January 27, 2004 on policy number B020306-1, citing three losses 3/13/01, 11/04/2, and 12/28/02 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 January 20, 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 nonrenewal. Staff representing Green Mountain Insurance Company submitted a sworn statement in lieu of appearing at the hearing. Amy Kurtz represented herself at the hearing.

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

1. Concord Group has insured Amy Kurtz’s vehicle since 1989. Her current policy is with Green Mountain Insurance Company.
2. On 3/13/01, Ms. Kurtz was backing out of the driveway and struck another vehicle, resulting in payment of $1,947.16.
3. On 12/28/02, Ms. Kurtz pulled into the parking lane to avoid oncoming vehicle. She hit the bumper of another vehicle. The company paid $768.31. The deductible is $250, totaling $1018.31.

ANALYSIS AND CONCLUSION OF LAW
Title 24-A M.R.S.A. § 2916-A permits nonrenewal for specific accidents or convictions which occurred during the 36-month period preceding the yearly anniversary date of the policy. Subsection 2 provides the following requirements:

“2. Accidents. When a named insured or any person who operates a motor vehicle insured under the policy is individually or are aggregately involved in 2 or more vehicle accidents while operating a motor vehicle insured under the policy, resulting in either personal injury or property damage in excess of the amount defined as a reportable accident under Title 29-A, section 2251, subsection 1.” That amount currently is $1000.

James Gardner, Personal Lines Underwriter, stated in his affidavit that the policyholder has had two vehicle accidents resulting in property damage in excess $1,000 in the 36 months preceding the yearly anniversary date of the policy. He submitted documents to establish the details of the losses. The 12/28/02 loss paid by the company was $768.31 and the deductible was $250.

Amy Kurtz argued that the accident of 12/28/02 should not count as the amount the company paid was less than $1000, and she paid out the deductible of $250. She submitted a copy of her bank statement showing payment from the company was in the amount of $768.31. The statute permits an accident to count towards nonrenewal if the amount of damage exceeds $1000. The amount the company pays is not the determining factor. Based on the evidence on the record, the total amount of damage in the 12/28/02 accident was $1018.31, putting this loss over the threshold amount of $1000.

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

INDEX OF RECORD:
Exhibit 1 – request for hearing
Exhibit 2 – copy of notice & proof of mailing
Exhibit 3 - co. sworn affidavit
Exhibit 4 – loss descriptions

ORDER AND NOTICE OF APPEAL RIGHTS

The intended nonrenewal is hereby approved. Green Mountain Insurance Company is directed to continue coverage until 12:01 a.m. on March 2, 2004 to allow the policyholder an opportunity 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.

Dated February 17, 2004                                             Alessandro A. Iuppa
                                                                                    Superintendent of Insurance

                                                                                    ____________________________________
                                                                                    By Mary Ellen Albert
                                                                                    Designated Hearing Officer

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