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James Brown v. Massachusetts Bay Insurance Company

Held October 12, 2011 - Docket No. INS-11-2079
Decision Issued: October 19, 2011

The named insured requested a hearing to contest the nonrenewal of his homeowners policy due to a dog bite loss. The company demonstrated that a claim had been paid in relation to an injury caused by the insured’s dog.

Held: For the company. The Maine Property Insurance Cancellation Control Act allows a company to nonrenew a policy for any reason under 24-A M.R.S.A. § 3049 that permits cancellation. Section 3049(9) permits cancellation due to a loss occasioned by a dog bite unless the insured has removed the dog from the premises after receiving the notice of cancellation or nonrenewal. As the company paid a loss resulting from a dog bite, and the dog remains in the insured’s household, the nonrenewal action is permitted.