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Gloria Banach v. Interinsurance Exchange of the Automobile Club

Held September 23, 2010 - Docket No. INS-10-2083
Decision Issued: October 5, 2010

The named insured requested a hearing to contest the nonrenewal of homeowners insurance for specifically cited conditions of the property. The company demonstrated that loss control recommendations had been sent to the insured informing of its concerns regarding the specified conditions, and explained how the conditions affect the insurability of the property. The evidence on the record established that the conditions remain.

Held: For the company. 24-A M.R.S.A. § 3051 permits nonrenewal of this type of policy if the reason is in good faith and related to the insurability of the property. As the company established that the cited conditions are in good faith and related to the insurability of the property, the nonrenewal action is permitted by the Maine Property Insurance Cancellation Control Act.