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Richard Reaser II and Christine Reaser v. USAA

Held September 30, 2009 – Docket No. INS-09-2102
Decision Issued: October 2, 2009

The insureds requested a hearing to contest the nonrenewal of their homeowners policy for claims frequency no longer meets underwriting guidelines.

Held: For the insured. The Maine Property Insurance Cancellation Control Act states that “loss record” and similar insurance terms are not sufficient explanations for nonrenewal. It also specifies that a statement from the insurer that the risk no longer meets its underwriting guidelines is not sufficient proof or evidence to sustain the action. As the reason only notified the insured that the policy was not being renewed due claim frequency and underwriting guidelines, which are not permitted reasons under section 3051, the nonrenewal action was denied.