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Joseph Minutolo v. Middlesex Mutual Assurance Company
Docket No. INS-05-2069, Decision Issued November 18, 2005.

The insured requested a hearing following receipt of a notice of homeowners insurance nonrenewal alleging failure to comply with loss control recommendations. At hearing, the company argued that a recommendation letter had been sent to the insured requesting that a specific condition be rectified within 6 weeks. The insured did not appear at the hearing either in person or by statement.

Held: For the insured. Although in its testimony, the Company argued that the insured’s failure to comply with the loss control recommendation is related to the insurability of the property, the applicable standard is 24-A M.R.S.A. § 3049(10), which states that an insurer may effect nonrenewal for the “[f]ailure to comply with reasonable loss control recommendations within 90 days after notice from the insurer.” The agent issued a loss control recommendation letter to the insured that gave the insured approximately 6 weeks to comply with the recommendation. The company’s photographs indicate that the condition still existed shortly after the expiration of the 6 week period. However, 90 days following the issuance of the recommendation letter was only two days prior to the hearing date. Whether the insured actually failed to comply with the loss control recommendation within 90 days is unknown. The insured did not attend the hearing to respond to questioning, and the company provided no evidence demonstrating that the condition still existed on the 90th day. Accordingly, the company has failed to demonstrate that the insured did not comply with loss control recommendations within 90 days after notice.

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