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Catherine L'Italien v. State Mutual Insurance Company

Held April 8, 2008 - Docket No. INS-08-2026
Decision Issued: April 14, 2008

The insured requested a hearing to contest the company’s nonrenewal of her homeowners policy for failure to comply with loss control recommendations.

Held: For the insured. An insurer must demonstrate both that the recommendations made were reasonable and also that the insured failed to comply. In this case, the company argued that the structure’s ‘physical condition deficiencies’ and increased liability exposure on premises related to the insurability of the property but did not identify those hazards or how the specific recommendations related to the insurability of the property. In addition, the insured testified that the recommendations had in fact been completed, and the photos provided by the company to demonstrate noncompliance were inconclusive.