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Michael & Victoria Briskey v. State Farm Fire & Casualty Company
Hearing #2005-15877, Decision Issued April 8, 2005.

The insureds requested a hearing following receipt of a notice of homeowners insurance nonrenewal citing the insured’s claim history and the company’s inability to confirm that measures had been taken to prevent or mitigate future loss. At hearing, the company presented evidence of each claim and identified the appropriate precautions that should have been taken. The insureds maintained that they now live in the home, which is next door to the insurance agent’s office, and that they have implemented the company’s recommendations.

Held: For the insureds. The insureds implemented the precautions recommended by the company. In addition, the insureds now live in the residence which may by itself prevent the occurrence or extent of future similar losses. The company specifically recommended that the home be owner-occupied more often to prevent future loss, and the home’s proximity to the agent’s office makes that information readily available. Therefore, the company has not proven that its reason for nonrenewal is a good faith reason related to the insurability of the property as required by 24-A M.R.S.A. §§ 3051,3054.

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