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Maine.gov > PFR Home > Insurance Regulation > Cancellation Hearing Index > Cancellation / Nonrenewal : Docket No. INS-11-2101 Decision
Nancy Smith v. Teachers Insurance Company
Held December 6, 2011 – Docket No. INS-11-2101
The named insured requested a hearing to contest the nonrenewal of homeowners policy due to loss history. The company argued that the policy was nonrenewed due to its unacceptable underwriting loss experience. The company failed to establish that notice of nonrenewal was mailed to the named insured’s last known address.
Held: For the insured. The Maine Property Insurance Cancellation Control Act permits nonrenewal of a policy for a reason that is “a good faith reason and related to the insurability of the property or a cancellation ground pursuant to section 3049.” 24-A M.R.S.A. § 3051 specifies that “loss record” is not an acceptable explanation of nonrenewal. In addition to failing to identify any factor to support the action that is not expressly prohibited by statute, the company also failed to establish that statutory notice requirements were met. The notice of nonrenewal was mailed to an incorrect address with no documentation that the address had changed since the last renewal was issued, and the notice was returned to the company as undeliverable. Accordingly, the nonrenewal action is not permitted.
Last Updated: January 6, 2012
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