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McEntee & Fleck v. Teachers Insurance Company

Held September 11, 2008 - Docket No. INS-08-2091
Decision Issued: September 23, 2008

The insured requested a hearing after receiving notice of nonrenewal for three stated conditions of the property. At the hearing, the company noted that two conditions had been addressed, with the issue of ‘the deck built on the flat roof of the garage’ as the remaining reason for nonrenewal. The company argued that the deck railings are inadequate to address safety concerns, and thus an unacceptable liability exposure. The company also argued that flat roofs on any part of a dwelling are unacceptable due to extraordinary hazard. No specific issues related to the flat roof were identified in the notice itself. The insured testified that the agent had been unable to explain why the deck was an issue.

Held: For the insured. 24-A M.R.S.A. § 3051 requires the reason provided to the insured for the nonrenewal action to be explicit. The reason given did not inform the insured that the railings on the deck were inadequate, or that the flat roof itself, rather than the deck situated upon it, was a problem.