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Earle & Ruth Tibbetts v. York Insurance Company of Maine
Docket No. INS-07-2097, Decision Issued October 24, 2007.

The personal representative of the estate of the insureds requested a hearing following receipt of a notice of homeowners insurance nonrenewal citing the lack of owner occupancy of the dwelling as the reason for nonrenewal. Both the estate representative and the company appeared at the hearing.

Held: For the insureds. In order for a nonrenewal notice to be effective, an insurer must meet the requirements of 24-A M.R.S.A § 3051, which states that “[a] notice of intention not to renew is not effective unless received by the named insured at least 30 days prior to the expiration date of the policy. A post office certificate of mailing to the named insured at the insured's last known address is conclusive proof of receipt on the 3rd calendar day after mailing.”

The postal certificate of mailing provided in this case demonstrates that the insureds were given only 27 full days of notice of the nonrenewal action. Therefore, the nonrenewal notice is invalid for its lack of compliance with the 30-day notice requirement in § 3051. See Valley Forge Insurance Co. v. Concord Insurance Group Co. 623 A.2d 163 (Me. 1993). Whether the nonrenewal reason stated in the notice may provide sufficient grounds for nonrenewal will not be addressed.