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George and Nancy Manning v. Massachusetts Bay Insurance Company

Held May 19, 2009 – Docket No. INS-09-2038
Decision Issued: May 19, 2009

The insured requested a hearing regarding the cancellation of a homeowners policy due to two dog bite losses. The insurer did not appear at the hearing, nor was a sworn statement submitted in lieu of appearance.

Held: For the insured. The Maine Property Insurance Cancellation Control Act requires the insurer to establish the proof or evidence of its reason for cancellation. As the company failed to do so, the company has not established adequate grounds for cancellation of the policy.