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Kimberly and David Wike v. State Farm Fire & Casualty Company

Held July 27, 2010 - Docket No. INS-10-2060
Decision Issued: July 29, 2010

The named insured requested a hearing to contest the nonrenewal of homeowners policy for a pattern of related losses. The company that the company has paid three claims resulting from the same situation and that similar losses are likely to continue.

Held: For the company. Although the Maine Property Insurance Cancellation Control Act specifies that “loss record” and similar insurance terms are not by themselves sufficient explanations of a company’s intent not to renew, the company’s stated reason was not solely that losses had occurred, but that the losses were all related to the same condition and likely to recur, thus meeting the specificity requirement of 24-A M.R.S.A. § 3051. As this is a good faith reason that is related to the insurability of the property, the nonrenewal is permitted by Maine law.