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Laura Magosci-Wilson v. GEICO General Insurance Company
Docket No. INS-07-2084, Decision Issued September 24, 2007.

The insured requested a hearing following receipt of a notice of automobile insurance cancellation alleging that a household resident had incurred a driver’s license suspension. At hearing, the company presented evidence of the suspension and maintained that the person at issue is a household resident. The insured submitted a statement in lieu of in person appearance at the hearing. The statement included a notary seal and signature but it did not contain any indication that an oath was administered to the insured or that the statement was signed in the presence of a notary. All witnesses must be sworn. 5 M.R.S.A. § 9057(3). Unsworn statements may not be admitted into the hearing record. Bureau of Insurance Rule 355 § 8(C). Accordingly, the insured’s statement was not admitted into the hearing record.

Held: For the company. The Maine Automobile Cancellation Control Act, 24-A M.R.S.A. §§ 2911-2924, allows policy cancellation if the named insured or “any operator who either resides in the same household or customarily operates an automobile insured under the policy has a driver’s license suspended, other than a first or 2nd suspension under Title 29-A section 2471, subsection 2 or section 2472, subsection 2, or a suspension under Title 28-A, section 2052, or revoked during the policy term or, if the policy is a renewal, during its term or the 180 days immediately preceding its effective date.” 24-A M.R.S.A. § 2914(4).

The company established that the person at issue has been a resident of the insured’s household and a regular operator of the vehicles insured under the policy. There is insufficient evidence to conclude that the person no longer resides in the insured’s household. The company further demonstrated that the suspension occurred during the period stated in § 2914(4). None of the exceptions in § 2914(4) apply. All other requirements have been met. Therefore, this cancellation action is permitted.