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Maine.gov > PFR Home > Insurance Regulation > Cancellation Hearing Index > Cancellation / Nonrenewal : Docket No. INS-10-2010 Decision
Todd & Diane Trull v. Patrons Oxford Insurance Company
Held March 31, 2010 - Docket No. INS-10-2010
The named insured requested a hearing to contest the cancellation of a homeowners insurance policy for a physical change in the property that renders the property uninsurable. The company did not establish that the cited change, relatively minor interior damage that is unrepaired, renders the property uninsurable. The company focused on the lack of occupancy of the property.
Held: For the insured. 24-A M.R.S.A. § 3049(5) allows cancellation if a physical change in the property renders the property uninsurable. Occupancy is not a physical change. 24-A M.R.S.A. § 3049(6) allows cancellation if a property is vacant and lacks custodial care; both elements must be met in order to utilize this ground. The property in question, while unoccupied, is not vacant. “Vacant” and “unoccupied” are not interchangeable for the purposes of this statute. As the property is not vacant, this statutory reason is also not applicable and the cancellation action was not permitted.
Last Updated: August 22, 2012
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