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Norman and Lori Turgeon v. Standard Fire Insurance Company

Held March 24, 2009 – Docket No. INS-09-2020
Decision Issued: April 9, 2009

The insured requested a hearing regarding the nonrenewal of homeowners insurance due to a daycare on the premises. At hearing, the company provided a sworn statement explaining its rationale for the nonrenewal action, but specifically identifying a different policy and named insured as the subject of its statement. In addition, the statement indicated that a person who was not the author of the statement would be available by telephone during the hearing for cross-examination purposes.

Held: For the insured. As the company’s sworn testimony applied to another party, and also due to the apparent lack of availability of its author, the hearing officer declined to accept the statement as credible evidence to support the company’s nonrenewal action. Accordingly, the merits of the company’s basis for this nonrenewal action will not be addressed.