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George Kando v. New England Guaranty Insurance Company

Held October 26, 2011 - Docket No. INS-11-2089
Decision Issued: November 16, 2011

The insured requested a hearing regarding the nonrenewal of his homeowners insurance for failure to comply with loss control recommendations. The evidence on the record established that at least one reasonable loss control recommendation remained unaddressed more than 90 days after the insured received notice of the recommendations.

Held: For the company. 24-A M.R.S.A. § 3049(10) permits cancellation or nonrenewal for failure to comply with reasonable loss control recommendations within 90 days after notice from the insurer. The company demonstrated that it complied with all the applicable requirements of the Maine Property Insurance Cancellation Control Act, and that the unaddressed recommendation was reasonable.