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Kimbalee Hansen v. Nationwide Mutual Fire Insurance Company

Held February 10, 2009 – Docket No. INS-09-2004
Decision Issued: February 18, 2009

The insured requested a hearing to regarding the company’s intended nonrenewal of her automobile insurance policy. Initially, the company’s stated reason related only to the transporting of persons for a fee. The company then issued a subsequent notice adding two at-fault accidents to the reason for nonrenewal. The company provided a sworn statement in lieu of appearance at the hearing, but its author was not available for cross-examination when the Bureau attempted to reach him.

Held: For the insured. The author of the company’s sworn statement was not available when the hearing officer attempted the number provided for cross-examination. Pursuant to the Maine Administrative Procedure Act and Bureau Rule Chapter 355, the author must be available for cross-examination or the sworn statement and accompanying documentation will not be submitted into the record except for good cause. Accordingly, the statement was not admitted and no evidence was provided to support the company’s action.