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Stephen Williams v. MMG Insurance Company

Held June 9, 2009 – Docket No. INS-09-2050
Decision Issued: July 1, 2009

The insured requested a hearing to contest the intended nonrenewal of a homeowners policy due to cited conditions of the premises. Although one major repair had been completed and a second issue partially addressed, another major repair had not begun.

Held: For the company. The evidence documented that a contract had been signed for the first major repair, and then its commencement and completion were delayed by five months mainly due to weather conditions. One element of the second issue had not been addressed, but the insured intended to have it done. A contract had just been signed to address the other major repair, but the anticipated start date had already been delayed by the weather. Although the insured intends to address the issues, the promise to repair is subject to delays already demonstrated in the record, during which time the exposure under the policy is increased by the cited conditions. As the poor condition of the roof and the status of the fuel line are good faith reasons and related to the insurability of the property, the nonrenewal is permitted.