Archives: 2005 | 2006 | 2007 | 2008 | 2009 | 2010 | 2011| 2012

Vance & Sari Bunker v. York Insurance Company of Maine

Held March 23, 2010 - Docket No. INS-10-2004
Decision Issued: April 9, 2010

The named insureds requested a hearing to contest the nonrenewal of their homeowners policy for susceptibility to liability related losses as evidenced by the loss history, with two losses identified. The company failed to demonstrate that the loss history it presented established a propensity for future similar losses.

Held: For the insured. 24-A M.R.S.A. § 3051 allows nonrenewal for a reason that is in good faith and related to the insurability of the property. It does not allow nonrenewal simply because losses have occurred. The company’s reason for nonrenewal was not solely because losses had occurred, but cited that the risk was susceptible to liability related losses. The company did not establish, however, any liability by the insured that led to one loss, for which nothing was paid. The remaining loss alone, does not establish a propensity for continued, similar losses, and the nonrenewal was not allowed.