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Maine.gov > PFR Home > Insurance Regulation >Administrative & Enforcement Actions > Cancellation Hearing Index > Cancellation / Nonrenewal : Docket No. INS-10-2031 Decision
Sara Trafton v. The Automobile Insurance Company of Hartford, CT
Held May 6, 2010 - Docket No. INS-10-2031
The named insured requested a hearing to contest the cancellation of a homeowners policy. The company submitted a statement in lieu of appearance that was not signed by the witness and was not sworn.
Held: For the insured. Under the Maine Administrative Procedure Act, all witnesses must be sworn. See M.R.S.A. § 9057(3). In addition, Bureau of Insurance Rule 355 § 8(C) states that no unsworn statement or accompanying evidence will be admitted into the hearing record; and the parties were advised of this requirement in the Notice of Hearing and Procedural Order issued to them. The company representative failed to sign his submitted statement. In addition, the attachment of an attestation that has not been filled in or signed by a notary does not constitute a properly sworn statement.
Last Updated: January 16, 2014
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