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Stephen & Darla Crawford v. York Insurance Company of Maine
Docket No. INS-05-2104, Decision Issued February 28, 2006.

The insureds requested a hearing following receipt of a notice of homeowners insurance coverage nonrenewal citing certain conditions of the property as the reason for nonrenewal. At hearing, the company submitted into evidence an inspection report of the property and photographs taken in October 2005 as well as photographs taken in January 2006, demonstrating certain of the conditions cited in the nonrenewal notice. The insureds argued that the company had notified them in July 2005 that the property would be inspected within the next 30 days and if the inspection had been conducted in a timely fashion, there would have been time to address the issues raised.

Held: For the company. Although the insureds indicated that they were not given 90 days in which to complete the company’s recommendations, the company is not relying upon 24-A M.R.S.A. § 3049(10), which permits cancellation for the failure to comply with reasonable loss control recommendations within 90 days after notice from the insurer. Instead, as grounds for nonrenewal, the company has cited several conditions that increase the likelihood of claims, thus impacting the insurability of the property. The company has demonstrated that several of the cited conditions exist and that the February 8, 2007 d as a result of those conditions. The company has demonstrated that its reason for nonrenewal is in good faith and related to the insurability of the property as required by 24-A M.R.S.A. §§ 3051, 3054.

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