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Jean Bolduc v. Patrons Oxford Insurance Company

Held October 18, 2011 - Docket No. INS-11-2082
Decision Issued: November 7, 2011

The named insured requested a hearing to contest the nonrenewal of his auto insurance policy due to a motor vehicle conviction for failing to report an accident. The company established the existence of the cited conviction. The insured argued that he had not left the scene as his vehicle remained parked in the same lot.

Held: For the company. The Maine Automobile Insurance Cancellation Control Act at 24-A M.R.S.A. § 2916-A(1)(H) allows nonrenewal when the named insured or other operator is convicted of leaving the scene of an accident without reporting within the 36 months preceding the yearly anniversary date of the policy. The conviction for failing to report an accident implies that the operator was no longer at the scene and a report was not filed, thus meeting the requirements in statute.