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Maine.gov > PFR Home > Insurance Regulation >Administrative & Enforcement Actions > Cancellation Hearing Index > Cancellation / Nonrenewal : Docket No. INS-11-2084 Decision
George Stilphen v. Hartford Underwriters Insurance Company
Held October 19, 2011 - Docket No. INS-11-2084
The insured requested a hearing to contest the cancellation of his auto policy for nonpayment of premium. The company did not provide sufficient notice to the insured before the cancellation and did not establish that the stated reason was included as a basis for cancellation in the policy contract.
Held: For the insured. Bureau of Insurance Rule 355 Section 7.C. requires the insurer to prove that the stated reason is both a permitted cancellation ground under 24-A M.R.S.A. § 2914 and included as a basis for cancellation under the terms of the subject policy. The company failed to provide a copy of the policy to establish its terms. Additionally, the company failed to comply with the notice requirement of section 2915. Based upon the postal certificate of mailing provided by the company, the insureds were given only 7 full days of notice before cancellation, not 10 days as required by § 2915. See Valley Forge Insurance Co. v. Concord Group Insurance Co., 623 A.2d 163 (Me. 1993).
Last Updated: January 16, 2014
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