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Kenneth and Cynthia Hutchins v. Hanover Insurance Company
Hearing Number 2005-16154, Decision Issued May 26, 2005

The Insured requested a hearing following receipt of a notice of homeowners nonrenewal alleging failure to comply with reasonable loss control recommendations. The Company sent a sworn statement in lieu of appearance at the hearing, but the statement was not received until after the scheduled time for the hearing to begin.

Held: Default judgment for the insured. The Maine Property Insurance Cancellation Control Act requires the company to establish the proof or evidence of its reason for nonrenewal. Title 24-A M.R.S.A. § 3054 states that the burden of proof of the reason for intent not to renew a policy is on the insurer. The Notice of Hearing informed the company that any statement and evidence the parties wished to enter into evidence in lieu of appearance at the hearing was required to be submitted to the Bureau no later than the day before the hearing and that any statement and evidence received after that time would not be admitted unless good cause was shown. Since the company failed to appear at the hearing or submit a timely statement, the nonrenewal is not permissible.

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