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Maine.gov > PFR Home > Insurance Regulation > Cancellation Hearing Index > Cancellation / Nonrenewal : Docket No. INS-11-2105 Decision

 

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Estate of Kathlyn Gay v. Hanover Insurance Company

Held December 14, 2011 – Docket No. INS-11-2107
Decision Issued:  December 27, 2011

The personal representative of the named insured’s estate requested a hearing to contest the cancellation of a homeowners policy for a substantial change in risk increasing the risk of loss, specifically referencing the occupancy of the home.  The company demonstrated that the home is not occupied; however, the home is not vacant.

Held: For the insured. 24-A M.R.S.A. § 3049(6) permits cancellation of a homeowners policy if the insured property is vacant and custodial care is not maintained. “Vacant” and “not occupied” are two different states of occupancy, and only vacancy can trigger the cancellation ground of 3049(6). The cancellation action was not permitted.

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Last Updated: January 6, 2012