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Berl Nisbet v. Patrons Oxford Insurance Company
Docket No. INS-05-2028, Decision Issued August 15, 2005.
The insured requested a hearing following receipt of a notice of homeowners
insurance coverage nonrenewal citing certain conditions of the property
and failure to comply with loss control recommendations. At hearing,
the company representative testified that an inspection revealed various
concerns and a recommendation letter was sent to the insured at the
beginning of 2005. She stated that the agent had several conversations
with the insured in the spring which indicated that the insured was
unwilling to comply with certain of the recommendations. The insured’s
wife discussed the insured’s responses to the recommendations.
Held: For the company. The company’s
reasons for nonrenewal were that the insured failed to comply with loss
control recommendations and also that the cited issues increase the
hazards insured against. The evidence demonstrates that three reasonable
loss control recommendations were conveyed to the insured in January
2005. Although the insured signed a statement on May 12, 2005, confirming
that he had complied with the recommendations, certain recommendations
have not been met. The insured has made efforts toward one of the recommendations
but the condition continues to present an increased liability exposure.
While the insured maintained that failure to attend to another condition
was due to the structure’s impending demolition, more than six
months have elapsed since the company advised repairs. There is no evidence
that any attempt has been made to secure the problem area. Accordingly,
the insured has not complied with at least two of the company’s
reasonable loss control recommendations, thus meeting the requirements
of § 3049(10). In addition, the company has demonstrated that the
condition of the property due to these issues increases the hazards
insured against, and therefore, is a good faith reason related to the
insurability of the property.
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