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Russell Dupree and Phyllis Forward v. York Insurance Company of Maine

Held April 22, 2010 - Docket No. INS-10-2026
Decision Issued: May 4, 2010

The named insured requested a hearing to contest the nonrenewal of a dwelling fire (DP-1) policy because of specified exterior conditions of the property. The insured demonstrated that steps have been installed at all doors and the eaves repaired. The company failed to demonstrate how the condition of the siding or paint related to the insurability of the dwelling.

Held: For the insured. 24-A M.R.S.A. § 3051 allows nonrenewal of a policy covering residential owner-occupied property for a reason that is in good faith and related to the insurability of the property. It also requires the reason or reasons to be explicit. The company’s reference to debris did not identify the items to which it objected, and its reference to missing steps did not include railings. In addition, the company failed to explain how peeling paint and missing siding increase the exposure to the limited weather related perils covered by this type of policy.