Archives: 2002 | 2003 | 2004 | 2005 | 2006 | 2007 | 2008

David & Janet Martucci v. Patrons Oxford Insurance Company
Hearing #2005-16112, Decision Issued May 26, 2005.

The insureds requested a hearing following receipt of a notice of homeowners insurance nonrenewal alleging a failure to comply with loss control recommendations and certain property conditions. At hearing, the company argued that a recommendation letter had been sent to the insureds regarding several property conditions and that the company had received no response. The company agreed, however, that certain recommendations had been followed. The insureds stated that they have not been able to attend to the remaining recommendation.

Held: For the company. The photographs presented show the cited condition, and the company has demonstrated that the liability exposure is increased as a result of that condition. The company further has shown that a letter requesting action on the condition was sent to the insureds more than 1 year ago. Accordingly, the company has demonstrated that the insureds failed to comply with reasonable loss control recommendations within 90 days after notice, thus fulfilling the requirements for nonrenewal via § 3049(10). Alternatively, the company has established that its reason for nonrenewal is a good faith reason related to the insurability of the property pursuant to §§ 3051, 3054.

Return to Cancellation / Nonrenewal Hearing Decisions