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Maine.gov > PFR Home > Insurance Regulation >Administrative & Enforcement Actions > Cancellation Hearing Index > Cancellation / Nonrenewal : Docket No. INS-09-2117 Decision
Miriam Novak v. Phenix Mutual Fire Insurance Company
Held October 22, 2009 – Docket No. INS-09-2117
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.
Last Updated: January 16, 2014
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