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Estate of Arthur Nelson v. Dorchester Mutual Insurance Company

Held February 9, 2010 – Docket No. INS-10-2002
Decision Issued: February 23, 2010

The personal representative of the estate requested a hearing regarding the cancellation of the homeowners policy for the property being vacant without custodial care.

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 failed to prove that the subject policy contained the required language. Therefore, the cancellation was not approved.