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Maine.gov > PFR Home > Insurance Regulation >Administrative & Enforcement Actions > Cancellation Hearing Index > Cancellation / Nonrenewal : Docket No. INS-11-2002 Decision
Charles Nevala, Jr. and Rose Mary Nevala v. Travelers Commercial Insurance Company
Held February 1, 2011 - Docket No. INS-11-2002
The named insureds requested a hearing following receipt of a notice of nonrenewal of their homeowners policy for cited conditions of the property. The insured demonstrated that three cited conditions had been addressed. The remaining condition was peeling paint on the siding, which the company asserted increases the likelihood for water to enter the home. The insured has begun replacing the clapboards with natural cedar shingles.
Held: For the insured. 24-A M.R.S.A. § 3054 states that the insurer must establish the existence of its reason for cancellation or nonrenewal and provide proof that it is related to the insurability of the property. The inspection report showed there is no damage or rot to the siding, only that the paint is peeling. The company did not provide evidence that painted siding provides a greater protection against water intrusion than structurally sound but unpainted siding, therefore it failed to relate the peeling paint to the insurability of the property.
Last Updated: January 16, 2014
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