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Maine.gov > PFR Home > Insurance Regulation >Administrative & Enforcement Actions > Cancellation Hearing Index > Cancellation / Nonrenewal : Docket No. INS-06-2125 Decision
Beth Cella v. State Farm Fire and Casualty Company
The insured requested a hearing following receipt of a notice of homeowners insurance cancellation citing a dog bite as the reason for cancellation. At hearing, the company maintained that one of the insured’s dogs presents a liability exposure increase because of an incident. The insured disputed that any incident with the dog occurred.
Held: For the insured. Title 24-A M.R.S.A.
§ 3049(9) permits an insurer to cancel a policy for a loss occasioned
by a dog bite unless, after notice of cancellation or nonrenewal is
received, the insured removes the dog. However, the company has not
demonstrated that one of the insured’s dogs bit anyone. As its
evidence, the company relied solely upon the questionable statements
of others, and the insured has maintained that the allegations are not
Last Updated: January 16, 2014
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