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Marie LeBlanc v. MMG Insurance Company
Docket No. INS-07-2009, Decision Issued March 15, 2007.

The insured requested a hearing following receipt of a notice of homeowners insurance nonrenewal citing ownership of a dog with a propensity to bite as the reason for nonrenewal. At hearing, the company maintained that the insured’s dog presents a liability exposure increase because the dog bit someone. The insured alleged that the incident had been the claimant’s fault and there are no longer people coming to the house who make the dog nervous.

Held: For the company. Title 24-A M.R.S.A. § 3051 states that the “reason for nonrenewal must be a good faith reason related to the insurability of the property or a ground for cancellation pursuant to section 3049. Section 3049(9) permits cancellation for a loss occasioned by a dog bite, unless the insured removes the dog after receiving the notice of cancellation or nonrenewal.

The company established that a dog bite loss occurred and that the insured received the notice of nonrenewal. The dog at issue has not been removed. This nonrenewal notice complies with all of the other relevant statutory requirements. The company has met all of the requirements in §§3049(9), 3051, 3054 to decline renewal of this policy.