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This proceeding arose upon a request for hearing made by Viviano Guerra (hereinafter the “Insured”) to contest the pending nonrenewal of automobile insurance coverage provided by MMG Insurance Company (hereinafter the “Company.”) On January 2, 2004, the Company mailed a notice of nonrenewal effective February 9, 2004, on policy number AUTO 504308, citing Mr. Guerra’s accidents of 10/02/03 and 09/24/03 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 pursuant to 24-A M.R.S.A. § 2920 on February 17, 2004, with Connie Mayette sitting as designated hearing officer. See 24-A M.R.S.A. § 210. The purpose of the hearing was limited to establishing the existence of the proof or evidence given by the Company to support its reason for policy nonrenewal. Staff representing the Company participated by telephone at the hearing. The Insured did not appear at the hearing, and he did not submit a sworn statement in lieu of appearance. The Insured further did not request that the hearing be continued to a later date.

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

1. The Company insures two vehicles for the Insured.
2. On September 24, 2003, the Insured backed into his garage. The Company paid $1,131.01 under the collision coverage.
3. On October 2, 2003, or thereabouts, the Insured lost control of his vehicle and hit a sign. The Company paid $3,553.61 under the collision coverage.

ANALYSIS AND CONCLUSION OF LAW

Title 24-A M.R.S.A. § 2916-A (2) permits nonrenewal “[w]hen a named insured or any other 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” during the 36-month period preceding the yearly anniversary date of the policy. The amount provided by 29-A M.R.S.A. § 2251(1) is $1,000. Section 2916-A(2) further identifies four circumstances which are not considered accidents for purposes of the statute.

Jim Stout, Marketing Representative for the Company, testified that the Insured was involved in two accidents within the 36 months prior to the renewal date, both of which exceeded the $1000 statutory threshold. He submitted claims documents to substantiate the losses.

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

The Company provided evidence demonstrating that both accidents occurred within the 36 month window outlined in statute, and both exceeded the $1,000 statutory threshold. None of the exceptions provided by § 2916-A apply. Therefore, this nonrenewal action is permissible under Maine law.

INDEX OF RECORD:
Exhibit 1 – Postal Certificate of Mailing
Exhibit 2 – Nonrenewal Notice
Exhibit 3 – Copy of Policy
Exhibit 4 – Notice of Hearing
Exhibit 5 – Underwriting Notes
Exhibit 6 – 10/02/03 Claim Information
Exhibit 7 – 9/24/03 Claim Information
Exhibit 8 – Hearing request
Exhibit 9 – Acord Loss Notices

ORDER AND NOTICE OF APPEAL RIGHTS
The intended termination is hereby approved. MMG Insurance Company is directed to continue coverage under policy # AUTO504308 pursuant to 24-A M.R.S.A. § 2920 until 12:01 a.m. on May 22, 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 from the date the Decision was rendered.

Dated May 7, 2004                                                      Alessandro A. Iuppa
                                                                                    Superintendent of Insurance

                                                                                    ____________________________________
                                                                                    by Connie Mayette, AU
                                                                                    Designated Hearing Officer

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