Archives: 2005 | 2006 | 2007 | 2008 | 2009 | 2010 | 2011| 2012

David & Delretta Lagasse v. Horace Mann Insurance Company

Held August 11, 2011 – Docket No. INS-11-2058
Decision Issued: August 23, 2011

The named insured requested a hearing to contest the nonrenewal of homeowners policy on a seasonal residence because the company did not also insure the primary residence. The company argued that its underwriting guidelines require insuring the primary residence in order to insure the seasonal residence.

Held: For the insured. 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. § 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. Section 3054 further states that a “statement from the insurer that the risk does not meet the insurer’s underwriting guidelines alone is not considered sufficient proof or evidence.” In this case, the company failed to meet the statutory requirements to nonrenew the policy.