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Mark and Lucinda Marino v. Metropolitan Property & Casualty Insurance Company

Held October 1, 2009 – Docket No. INS-09-2104
Decision Issued: October 15, 2009

The insureds requested a hearing regarding the nonrenewal of a homeowners policy due to a loss. The company did not explain how the occurrence of a loss was a good faith reason or related to the insurability of the property.

Held: For the insured. The company offered no explanation of how the existence of the loss related to the insurability of the property. Furthermore, section 3051 specifically states that “loss record” is not a sufficient explanation of an intended nonrenewal. Simply the fact that a claim has occurred does not establish grounds for nonrenewal of a homeowners policy.