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David Johnson v. Patrons Oxford Insurance Company

Held October 18, 2011 - Docket No. INS-11-2075
Decision Issued: November 7, 2011

The insured requested a hearing to contest the company’s cancellation of a homeowners policy based upon the named insured’s criminal conviction. The company demonstrated that the cited conviction included an element increasing a hazard insured against.

Held: For the insurer. The Maine Property Insurance Cancellation Control Act at 24-A M.R.S.A. § 3049(2) allows cancellation for the named insured’s conviction of a crime having as one of its necessary elements an act increasing any hazard insured against. The company established that the cited conviction increased the liability hazard under the policy due to the company’s duty to defend a suit that may trigger coverage under the policy.