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Mark and Diane McNallyMcNally v. Concord General Mutual Insurance Company
Docket No. INS-05-2093, Decision Issued January 19, 2006.

The insured requested a hearing following receipt of a notice of automobile insurance cancellation citing a driver’s license suspension as the reason for cancellation. At hearing, the company presented a copy of the relevant Maine Driving Record showing the suspension. However, the document also reflected that the suspension had not yet occurred. The insured confirmed that a stay was in effect with a hearing to be held later in the month to determine the validity of the suspension.

Held: For the insured. Title 24-A M.R.S.A. § 2914(4) permits policy cancellation for certain driver’s license suspensions that occur during the policy term. No suspension is in effect yet to trigger grounds for cancellation of the policy. Thus, the Company has not established that it may cancel this policy.

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