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David & Dawn McClure v. York Insurance Company of Maine

Held November 18, 2010 - Docket No. INS-10-2104
Decision Issued: December 16, 2010

The named insured requested a hearing to contest the nonrenewal of homeowners policy for specified conditions of the home increasing the exposure to a covered loss. The company demonstrated that it had paid the policy sublimit for mold, and that it had a duty to defend a liability suit alleging illness caused by mold.

Held: For the company. 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. As York complied with statutory notice requirements and also established the existence of its reason for nonrenewal, and that it met the requirements of section 3051, the nonrenewal action is permitted under the Maine Property Insurance Cancellation Control Act.