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This proceeding arose upon a request for hearing made by Donald Knowles & Vivian Wass (the “Insureds”) to contest the pending nonrenewal of automobile insurance coverage provided by York Insurance Company of Maine (the “Company.”) On March 3, 2004, the Company mailed a notice of nonrenewal effective May 22, 2004, on policy number YMZZ266242, citing as the grounds for nonrenewal: “Two or more accidents in excess of $1,000.00: 12/30/01 insured hit deer $2478 (Vivian); 04/29/03 insured at fault $1805 (Vivian); 08/11/03 insured at fault $1923 (Donald) and 12/18/03 insured at fault $261 (Vivian)”. Pursuant to 24-A M.R.S.A. § 2920, the Insureds’ hearing request was timely.

A hearing in this matter was held pursuant to 24-A M.R.S.A. § 2920 on April 7, 2004, with Mary Ellen Albert 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. Heather Rosewall, Personal Lines Underwriter for the Company, appeared on behalf of the Company at the hearing. The Insureds also attended the hearing.

FINDINGS OF FACT

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

1. The Company has provided the Insureds with automobile coverage for several years.
2. On December 30, 2001, Ms. Wass struck a deer. The Company paid $2,478.
3. On April 29, 2003, Ms. Wass was traveling straight through an intersection, from a stop sign and struck another vehicle. The Company paid $1,805.
4. On August 11, 2003, while attempting to make a right hand turn, Mr. Knowles struck a vehicle in front of him that stopped suddenly. The Company paid $1,923.

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.

Ms. Rosewall testified that there were three accidents in excess of $1,000 in the 36 months preceding the yearly anniversary date of the policy. She submitted the loss documents to establish the details of the losses.

The Insureds acknowledged that the losses occurred, but stated that they believed the Company should not be able to nonrenew their policy based on those losses. Mr. Knowles stated that they have been with the Company for more than 20 years. He also stated that none of the accidents listed on the nonrenewal notice involved any injuries to them or anyone else.

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. According to the evidence presented at the hearing, the Insured’s accidents fall within the parameters of the statute, and none of the exceptions provided by § 2916-A(2) apply. Accordingly, the Superintendent hereby concludes that the Company has established adequate grounds for policy nonrenewal.

INDEX OF RECORD:
Insureds’ Exhibit 1 – Insureds’ Hearing Request

Company’s Exhibit 1 – Loss Records
Company’s Exhibit 2 – Proof of Mailing
Company’s Exhibit 3 – Copy of Policy
Company’s Exhibit 4 – Copy of Notice

ORDER AND NOTICE OF APPEAL RIGHTS

The intended termination is hereby approved. York Insurance Company of Maine is directed to continue coverage until 12:01 a.m. on August 3, 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 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 July 19, 2004                                                     Alessandro A. Iuppa
                                                                                    Superintendent of Insurance

                                                                                    ____________________________________
                                                                                    by Mary Ellen Albert
                                                                                    Designated Hearing Officer

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