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Mark McNally v. Concord General Mutual Insurance Company
Docket No. INS-06-2005, Decision Issued March 6, 2006.

The insured requested a hearing following receipt of a notice of umbrella insurance cancellation citing “no longer meets underwriting requirements” as the reason for cancellation.

Held: For the insured. 24-A M.R.S.A. § 2908 requires a company to establish the proof or evidence of its reason for cancellation. The company did not send a representative to the hearing, and did not submit a sworn statement in lieu of appearance. Accordingly, the company failed to meet its burden of proof to establish the proof or evidence that its reason for cancellation is permitted by section 2908.

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