Archives: 2005 | 2006 | 2007 | 2008 | 2009

Bonnie Fontaine v. York Insurance Company of Maine

Held April 17, 2008 – Docket No. INS-08-2030
Decision Issued: April 24, 2008

The insured request a hearing to contest the company’s intended nonrenewal of her homeowners policy due to the condition of a barn on the premises. The company’s sworn statement submitted in lieu of appearance at the hearing was not received at least one business day prior to the hearing as required by Bureau of Insurance Rule 355.

Held: For the insured. The parties were clearly advised in the Notice of Hearing and Procedural Order issued on March 27, 2008, that a sworn statement and its attachments submitted in lieu of appearance must be received at least one business day before the hearing. It also clearly informs the parties of the address to be used for US Postal Service regular or Express delivery, which is different from the address for delivery by other services. The clerical error by the company by using the wrong address for US Postal Service delivery does not constitute good cause that would support a waiver of the rule.