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Cory Staples v. North East Insurance Company

Held November 1, 2011 - Docket No. INS-11-2091
Decision Issued: November 2, 2011

The named insured requested a hearing to contest the cancellation of automobile insurance for nonpayment of premium. The insured disputes the additional premium being charged. The company failed to appear at the hearing or submit a sworn statement in lieu of appearance.

Held: For the insured. 24-A M.R.S.A. § 2920 places the burden of proof upon the insurer to establish its reason for cancellation and its compliance with applicable statutory requirements. As the company failed to appear in person or to submit a properly sworn statement in lieu of appearance, the cancellation action was disallowed by default.