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John & Beverly Gamrat v. Metropolitan Property & Casualty Insurance Company

Held May 8, 2008 - Docket No. INS-08-2042
Decision Issued: May 14, 2008

The company issued a nonrenewal notice citing its inability to obtain an interior inspection of the property, and lack of rails on the rear deck and an above ground pool without a fenced yard. The insured maintained that all decks are railed and the pool is properly secured. They also indicated that an interior inspection would have been permitted if advance arrangements had been made, but that the inspector showed up unannounced and without identification.

Held: For the insured. The company did not provide any argument as to how any of the cited reasons relate to the insurability of the property or any documentation to establish the existence of the cited conditions. The insured established that all decks are railed, and the pool appears to meet the standards of 22 M.R.S.A. § 1631, which negates application of 24-A M.R.S.A. § 3049(8). This statute allows cancellation or nonrenewal if a swimming pool on the premises is not fenced in compliance with the standards of section 1631 30 days after the insurer has notified the insured of the defective condition and intent to cancel the policy.