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Joy Genthner v. New England Guaranty Insurance Company

Held April 2, 2009 – Docket No. INS-09-2023
Decision Issued: April 9, 2009

The insured requested a hearing following receipt of a notice of automobile insurance coverage cancellation citing nonpayment of premium. At hearing, the company demonstrated that no payment was received for the installment due February 1.

Held: For the company. The Maine Automobile Cancellation Control Act allows an insurer to cancel a policy if an insured fails to make a premium payment when due. See 24-A M.R.S.A. §§ 2914(1), 2912(3). The company demonstrated that an invoice was issued to the insured prior to the due date, and no payment was received. 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.