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Maine.gov > PFR Home > Insurance Regulation > Cancellation Hearing Index > Cancellation / Nonrenewal : Docket No. INS-06-2145 Decision
Bonnie Gibson v. Vermont Mutual Insurance Company
The insured requested a hearing following receipt of a notice of homeowners insurance policy nonrenewal citing the failure to provide photo confirmation that the home is complete as the reason for nonrenewal. At hearing, the company discussed the concerns it had regarding the home. The insured did not appear nor did she submit a sworn statement in lieu of appearance.
Held: For the insured. Although the Maine
Property Insurance Cancellation Control Act, via 24-A M.R.S.A. §
3049(10), permits policy nonrenewal if the insured fails to comply with
reasonable loss control recommendations within 90 days after notice
from the insurer, the company’s notice stated that the reason
for nonrenewal was the failure to provide a photograph confirming that
the home is complete. A request for a photograph is not analogous to
a loss control recommendation within the meaning of § 3049(10).
The company’s notice did not inform the insured that the reason
for nonrenewal was the failure to comply with loss control recommendations.
Therefore, the company is precluded from invoking § 3049(10) at
hearing as the basis for its nonrenewal action.
Last Updated: August 22, 2012
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