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Thomas Myette v. Dorchester Mutual Insurance Company

Held March 31, 2008 - Docket No. INS-08-2023
Decision Issued: April 7, 2008

The insured requested a hearing to contest the company’s nonrenewal of his homeowners policy for frequency of losses involving wind-felled trees damaging the electrical utility lines.

Held: For the insured. A company must demonstrate a nexus or pattern to illustrate that the cause or nature of past claims is such that continued or future claims are likely. Although the cited losses resulted from similar circumstances, the insured has taken reasonable steps to eliminate the likelihood that another such loss will occur. The company did not explain why losses are likely to continue despite the insured’s actions, therefore the evidence was insufficient to support the nonrenewal action.