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Albert & Priscilla Brackett v. American Modern Home Insurance Company

Held February 15, 2011 – Docket No. INS-11-2006
Decision Issued: February 16, 2011

The named insured requested a hearing to contest the nonrenewal of homeowners policy due to claims experience. 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 its reason for nonrenewal and its 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.