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Earl Caler v. MMG Insurance Company

Held June 25, 2009 – Docket No. INS-09-2059
Decision Issued: June 30, 2009

The insured requested a hearing to contest the nonrenewal of his automobile insurance policy for two accidents. The company demonstrated that two accidents each exceeding $1000 in damages occurred during the 36 months prior to the renewal date, and that none of the statutory exceptions applied.

Held: For the company. Although the insured argued that he had been hit from behind while at a stop sign, an exception under the statute, the documentary evidence supported the company’s contention that he had been backing when the accident occurred. Accordingly, both of the accidents were considered as valid for nonrenewal purposes under the Maine Automobile Insurance Cancellation Control Act, and the nonrenewal action is permitted.