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Bambi Gattuso v. GEICO Indemnity Company

Held June 14, 2011 – Docket No. INS-11-2041
Decision Issued: June 16, 2011

The insured requested a hearing regarding cancellation of automobile insurance coverage citing nonpayment of premium. At hearing, the company demonstrated that no payment was received for the installment due May 2, 2011. The company offered to continue coverage uninterrupted if payment of the full amount due was received before the cancellation date of May 19, 2011. A partial payment was received May 20.

Held: For the company. The Maine Automobile Cancellation Control Act allows an insurer to cancel a policy if an insured fails to make a premium payment when due. See 24-A M.R.S.A. §§ 2914(1), 2912(3). The company demonstrated that the insured was notified of the payment due prior to the due date, and no payment was received. A cancellation notice was properly issued after the premium due date, and payment was not received before the cancellation date. The company has demonstrated that the statutory requirements to cancel the policy have been met.