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Maine.gov > PFR Home > Insurance Regulation > Cancellation Hearing Index > Cancellation / Nonrenewal Docket No. INS 06-2039 Decision
Elizabeth McKenney v. State Farm Fire & Casualty Company
The insured requested a hearing following receipt of a notice of homeowners insurance policy nonrenewal citing the failure to comply with reasonable loss control recommendations within 90 days as the reason for nonrenewal. At hearing, the company alleged that it had made numerous inquiries into the status of certain repairs following a loss and that written loss control recommendations were issued. The company argued that the failure to address the issues left a heightened exposure to loss. The insured argued that she has been unable to make repairs due to certain conditions.
Held: For the company. The applicable statute,
24-A M.R.S.A. § 3051, provides that the “reason for nonrenewal
must be a good faith reason and related to the insurability of the property
or a ground for cancellation pursuant to section 3049.” Section
3049(10) permits policy cancellation for the failure to comply with
reasonable loss control recommendations within 90 days after notice
from the insurer.
Last Updated: August 22, 2012
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