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Jean R. Brunjes v. Peerless Insurance Company
Docket No. INS-05-2016, Decision Issued July 20, 2005.

The insured requested a hearing following receipt of a notice of automobile insurance coverage nonrenewal citing two vehicle accidents. At hearing, the company submitted evidence of the circumstances of each accident, the date of occurrence, and the amount paid. The insured corroborated the occurrence of the accidents but argued that given the circumstances, the policy may not be cancelled unless more than two incidents within the past three years have taken place.

Held: For the company. The company demonstrated that a vehicle insured under the subject policy was involved in two accidents each exceeding $1,000 in damages. The insured’s circumstances do not impact the number of qualifying accidents that must occur before nonrenewal of the policy is permitted. Neither accident meets any of the four exceptions provided in 24-A M.R.S.A. § 2916-A(2). Accordingly, the company has demonstrated that the statutory requirements for nonrenewal of the policy have been met.

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