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Maine.gov > PFR Home > Insurance Regulation > Cancellation Hearing Index > Cancellation / Nonrenewal : Docket No. INS-10-2013 Decision
Marsha Edwards v. Phenix Mutual Fire Insurance Company
Held March 30, 2010 – Docket No. INS-10-2013
The named insured requested a hearing to contest the cancellation of homeowners insurance for failure to comply with loss control recommendations. The company failed to demonstrate that the stated reason for the cancellation was included as a basis for cancellation in the policy contract.
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 did not provide a copy of the policy to meet this requirement. As the company did not establish that the policy provisions allow cancellation for the stated reason, a consideration of the reason for its merits is unnecessary.
Last Updated: August 22, 2012
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