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Maine.gov > PFR Home > Insurance Regulation >Administrative & Enforcement Actions > Cancellation Hearing Index > Cancellation / Nonrenewal Docket No. INS 05-2017 Decision
Lynn Underwood v. Providence Mutual Fire Insurance Company
The insured requested a hearing following receipt of a notice of homeowners insurance cancellation alleging various property conditions as changes in the property which result in the property becoming uninsurable as the reason for cancellation. At hearing, the company argued that a follow-up inspection had been conducted to determine the status of prior recommendations regarding conditions of the property. The company representative presented no evidence of the loss control recommendations. She testified that the agent had taken photographs of the property recently and had reported no change in the cited conditions. The insured testified that she has made substantial progress on one of the cited conditions, and to demonstrate attention to the other condition, she presented an estimate from a contractor with an expected completion date.
Held: For the insured. Although the cited
reason for cancellation specifies that a physical change in the property
has rendered it uninsurable, the company has failed to demonstrate that
a change has occurred. The company’s evidence instead indicates
that the cited conditions have existed for several years. It is also
unknown when the policy first incepted or whether the conditions existed
at that time. Therefore, no change in the property has been established.
See 24-A M.R.S.A. § 3049(5).
Last Updated: January 16, 2014
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