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Laura Pace v. York Insurance Company of Maine

Held September 23, 2009 – Docket No. INS-09-2101
Decision Issued: September 24, 2009

The insured requested a hearing to contest the cancellation of her homeowners policy for nonpayment of premium. The evidence on the record demonstrated that payment was not paid when due, and that no payment was tendered by the cancellation date.

Held: For the company. The Maine Property Insurance Cancellation Control Act allows an insurer to cancel a policy if an insured fails to make a premium payment when due, after giving 10 days notice of the intended cancellation. See 24-A M.R.S.A. §§ 3049(1). No payment was made by the due date, and a cancellation notice was properly issued after the premium due date. The company has demonstrated that the statutory requirements to cancel the policy have been met.