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Geneva Ouellette v. MMG Insurance Company
Docket No. INS-06-2115, Decision Issued November 13, 2006.

The insured requested a hearing following receipt of a notice of automobile insurance coverage nonrenewal citing two accidents as the reason for nonrenewal. At hearing, the company provided evidence demonstrating the date and circumstance of each accident as well as the amounts paid. As testimony, the insured submitted a statement that was improperly sworn, and accordingly, the statement was not admitted into evidence. See Bureau of Insurance Rule Chapter 355 §§ 8(B), (C).

Held: For the company. The Maine Automobile Insurance Cancellation Control Act, in 24-A M.R.S.A. § 2916-A(2), provides grounds for policy nonrenewal when “a named insured or any other person who operates a motor vehicle insured under the policy is individually or are aggregately involved in 2 or more vehicle accidents while operating a motor vehicle insured under the policy or under another policy issued by the same insurer for a motor vehicle in the same household, resulting in either personal injury or property damage…” in excess of $1,000. Section 2916-A(2) further identifies four circumstances that are not considered accidents for the purpose of a nonrenewal action.
The evidence indicates that the two accidents cited by the company occurred within the 36 months immediately preceding the yearly anniversary date of the policy. Both accidents meet all statutory elements and none of the exceptions provided in § 2916-A(2) apply. The company has also demonstrated its compliance with the notice requirements of § 2917. The company has established all requirements to cancel this policy.