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Joseph & Carlene Raymond v. Peerless Insurance Company

Held April 16, 2009 – Docket No. INS-09-2025
Decision Issued: April 23, 2009

The insured requested a hearing to contest the nonrenewal of a homeowners policy because of a loss due to a dog bite. The company established that a dog bite had occurred and a claim filed, but did not establish that it paid anything for the incident.

Held: For the insured. 24-A M.R.S.A. § 3051 permits nonrenewal for a good faith reason related to the insurability of the property, or based upon a ground for cancellation under section 3049. 24-A M.R.S.A. § 3049(9) permits cancellation for a loss occasioned by a dog bite, unless the insured removes the dog after receiving notice of cancellation or nonrenewal. The company failed to establish that a loss had occurred or that the insured retained the dog.