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Jason Hopkins & Tania Chadbourne Hopkins v. Patrons Oxford Insurance Company
Docket No. INS-05-2005, Decision Issued June 14, 2005

The insureds requested a hearing following receipt of a notice of automobile insurance coverage cancellation citing nonpayment of premium. At hearing, the company presented evidence of the billing and payment history on the policy as well as the post office certificate of mailing demonstrating the date on which the notice was mailed. The insureds did not appear at the hearing, nor did they submit a statement in lieu of appearance.

Held: For the company. Title 24-A M.R.S.A. § 2914(1) permits an insurer to cancel a policy when the insured does not pay the full premium amount when due. The insureds did not make payment by the due date. The company’s cancellation notice was deemed received by the insured pursuant to 24-A M.R.S.A. § 2915 after the due date, thus meeting the requirements of § 2914(1).

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