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David Crooker v. Maryland Casualty Company
Docket No. INS-05-2084, Decision Issued November 16, 2005.

The insured requested a hearing following receipt of a notice of automobile insurance cancellation citing misrepresentation on the insurance application as the reason for cancellation. At hearing, the company identified the alleged misrepresentation, and the insured disputed that any misrepresentation had occurred.

Held: For the insured. Title 24-A M.R.S.A. § 2915 states that a notice of cancellation, other than for nonpayment of premium, is not effective unless it is received by the named insured at least 20 days prior to the effective date of the cancellation. A postal service certificate of mailing to the named insured at his last known address is conclusive proof of receipt on the fifth calendar day after mailing. In the present case, the company failed to submit into the record a post office certificate of mailing. Based upon the date of the insured’s hearing request, it appears that the insured had only two days notice of the intended cancellation. There is no evidence to demonstrate that the insured was given the required 20 days notice. As the cancellation notice cannot be determined to be effective, it is not necessary to address the merits of the reason given for cancellation.

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