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Maine.gov > PFR Home > Insurance Regulation >Administrative & Enforcement Actions > Cancellation Hearing Index > Cancellation / Nonrenewal : Docket No. INS-10-2084 Decision
Vinal Noyes v. Allstate Insurance Company
Held October 7, 2010 - Docket No. INS-10-2084
The named insured requested a hearing to contest the nonrenewal of his homeowners policy for failure to comply with recommendations. The company submitted a statement in lieu of appearance, but the statement was not sworn.
Held: For the insured. The Maine Administrative Procedures Act at 5 M.R.S.A. § 9057(3) requires all witnesses to be sworn. The Notice of Hearing and Procedural Order notified the parties of this requirement and included an example of a sworn statement. Parties are also advised that no statement or its accompanying evidence will be admitted into the record unless properly sworn. 24-A M.R.S.A. § 3054 places the burden of proof upon the insurer to establish its reason for nonrenewal and compliance with statutory requirements. As the company failed to appear either in person or to submit a properly sworn statement, the nonrenewal was disallowed.
Last Updated: January 16, 2014
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