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Maine.gov > PFR Home > Insurance Regulation > Cancellation Hearing Index > Cancellation / Nonrenewal : Docket No. INS-10-2038 Decision
George Kando v. New England Guaranty Insurance Company
Held June 8, 2010 - Docket No. INS-10-2038
The named insured requested a hearing to contest the cancellation of his homeowners policy for specified property conditions. The company testified that loss control recommendations were sent to the agency on April 14, 2010 at the same time the cancellation notice was sent to the insured, and 90 days was allowed for compliance.
Held: For the insured. The record did not establish when the loss control recommendations were conveyed to the insured, and the cancellation notice did not identify the stated conditions as recommendations that required compliance or that the insured had failed to complete them; it simply listed adverse property conditions. Additionally, at the time of the hearing, only 54 days had elapsed since the recommendations were given to the agent, so the 90-day compliance period had not passed. The Maine Property Insurance Cancellation Control Act allows cancellation of a homeowners policy for the insured’s failure to comply with reasonable loss control recommendations within 90 days after notice of the recommendations. As it was undetermined when the recommendations were conveyed to the insured, and the 90-day period had not elapsed, the cancellation action is not permitted.
Last Updated: August 22, 2012
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