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Maine.gov > PFR Home > Insurance Regulation > Cancellation Hearing Index > Cancellation / Nonrenewal : Docket No. INS-10-2043 Decision
Thomas Bartol v. Concord General Mutual Insurance Company
Held July 8, 2010 - Docket No. INS-10-2043
The named insured requested a hearing to contest the nonrenewal of homeowners policy for an unacceptable heating system. The company argued that the type of heating system did not meet its underwriting guidelines, and raised two additional reasons for the nonrenewal.
Held: For the insured. 24-A M.R.S.A. § 3051 allows nonrenewal for a reason that is in good faith and related to the insurability of the property. It also states that the reason or reason given for the nonrenewal must be explicit. Any additional reasons not articulated in the notice of nonrenewal are not considered by the hearing officer as the insured was not properly notified of those reasons. § 3054 states that the insurer must establish the existence of its reason for cancellation or nonrenewal and provide proof that it is related to the insurability of the property. Section 3054 further states that a “statement from the insurer that the risk does not meet the insurer’s underwriting guidelines alone is not considered sufficient proof or evidence.” In this case, the company failed to meet the statutory requirements to nonrenew the policy.
Last Updated: August 22, 2012
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