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Miriam Novak v. Phenix Mutual Fire Insurance Company

Held October 22, 2009 – Docket No. INS-09-2117
Decision Issued: November 4, 2009

A hearing was requested by the personal representative of the named insured’s estate to contest cancellation of a homeowners policy for “vacant property.” The company failed to demonstrate that statutory notice requirements were met or that the stated reason for the cancellation was included as a basis for cancellation in the policy contract.

Held: For the insured. Bureau of Insurance Rule 355 Section 7.C.. requires the insurer to prove that the stated reason is both a permitted cancellation ground under 24-A M.R.S.A. § 3049 and included as a basis for cancellation under the terms of the subject policy. The company did not provide a copy of the policy to meet this requirement. Additionally, the company did not provide a copy of the post office certificate of mailing, and therefore failed to establish that statutory notice requirements were met.