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Debra Cole v. Allstate Insurance Company

Held October 6, 2010 - Docket No. INS-10-2087
Decision Issued: October 7, 2010

The personal representative of the named insured’s Estate requested a hearing to contest the nonrenewal of a homeowners policy due to the death of the insured. The company failed to appear at the hearing or submit a sworn statement in lieu of appearance.

Held: For the insured. 24-A M.R.S.A. § 3054 places the burden of proof upon the insurer to establish that its reason for nonrenewal is in good faith and related to the insurability of the property, and the company’s compliance with applicable statutory requirements. As the company failed to appear in person or to submit a properly sworn statement in lieu of appearance, the nonrenewal action was disallowed by default.