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John Hughes v. Amica Mutual Insurance Company

Held November 10, 2009 – Docket No. INS-09-2127
Decision Issued: December 2, 2009

The insured requested a hearing regarding nonrenewal of his homeowners policy for failure to comply with loss control recommendations. The company demonstrated that a loss control recommendation first conveyed to the insured in 2007 remained unaddressed two years later.

Held: For the company. The Maine Property Insurance Cancellation Control Act allows cancellation or nonrenewal of a homeowners policy for failure to comply with reasonable loss control recommendations within 90 days after notice from the insurer. The company provided evidence that one particular recommendation had been made to the insured several times beginning in 2007, and remained unaddressed at the time the notice of nonrenewal was issued in October 2009. As the company met all statutory notice requirements and allowed far more than the 90 days given in statute for compliance, the nonrenewal action is permitted.