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Robert and Carolyn Hackley v. Liberty Mutual Fire Insurance Company

Held April 21, 2009 – Docket No. INS-09-2030
Decision Issued: May 14, 2009

The insured requested a hearing regarding nonrenewal of the homeowners policy due to a specific property condition. Liberty demonstrated that the insured had been requested to repair this condition in April 2008 and it had not been done. The insured agreed that the condition had not been addressed.

Held: For the company. Although the company chose not to rely upon 24-A M.R.S.A. § 3049(10) for failure to comply with reasonable loss control recommendations, it notified the insured that the specific condition giving rise to the previous loss control recommendations was the reason for the nonrenewal, and established its relationship to the insurability of the property. As the company satisfied the standards for nonrenewing a policy, the action is permitted by the Maine Property Insurance Cancellation Control Act.