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Phillip Jackson v. Concord General Mutual Insurance Company
Held March 4, 2009 – Docket No. INS-09-2015
Decision Issued: March 10, 2009
The insured requested a hearing to contest the cancellation of his homeowners policy nonpayment of premium. The evidence on the record demonstrated that payment was due January 18, 2009 and was not paid, and that no payment was tendered by the cancellation date. The insured argued that payment was attempted within the 30 day grace period, but after the cancellation date.
Held: For the company. There is no grace period in Maine law relating to payment of property insurance policies. The Maine Property Insurance Cancellation Control Act allows an insurer to cancel a policy if an insured fails to make a premium payment when due, after giving 10 days notice of the intended cancellation. See 24-A M.R.S.A. §§ 3049(1). No payment was made by the due date, and a cancellation notice was properly issued after the premium due date. The company has demonstrated that the statutory requirements to cancel the policy have been met.