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Maine.gov > PFR Home > Insurance Regulation > Cancellation Hearing Index > Cancellation / Nonrenewal : Docket No. INS-11-2068 Decision
Estate of Raymond & June Turgeon v. Hartford Underwriters Insurance Company
The personal representative of the insured estate requested a hearing following receipt of a notice of homeowners insurance nonrenewal citing changes in the property resulting in it becoming uninsurable, specifying the named insured no longer occupies the dwelling as the reason for nonrenewal. At hearing, the company maintained that the named insured no longer occupies the dwelling, therefore it is not eligible for a homeowners policy.
Held: For the insureds. The Maine Property Insurance Cancellation Control Act permits nonrenewal of a policy for a reason that is “a cancellation ground pursuant to section 3049.” 24-A M.R.S.A. § 3054. The company’s notice relied on section 3049(5) concerning physical changes in the property. Change in occupancy is not a physical change under section 3049(5). Also, the company failed to explain how the non-owner occupancy of the dwelling is related to insurability. Accordingly, approval for this nonrenewal action is denied.
Last Updated: August 22, 2012
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