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Dana Hanson & Audrey Jones v. Vermont Mutual Insurance Company

Held January 14, 2010 – Docket No. INS-09-2150
Decision Issued: February 11, 2010

The insureds requested a hearing to contest the cancellation of their homeowners policy for failure to comply with loss control recommendations. The evidence on the record demonstrated that none of the recommendations had been addressed 11 months after they were conveyed to the insureds.

Held: For the company. 24-A M.R.S.A. § 3049(10) allows cancellation for failure to comply with reasonable loss control recommendations within 90 after notice of the recommendations is received. The company established when the recommendations were received by the insured, that they were reasonable in light of the coverage under the policy, and that one or more remained unaddressed.