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Maine.gov > PFR Home > Insurance Regulation > Cancellation Hearing Index > Cancellation / Nonrenewal : Docket No. INS-11-2105 Decision
Jirad and Kimberly Kinney v. Kemper Independence Insurance Company
The named insured requested a hearing to contest the nonrenewal of their homeowners insurance for failure to comply with loss control recommendations relating to safety netting for a trampoline. The company did not demonstrate that a loss control recommendation had been made or that the insured had failed to comply.
Held: For the insured. 24-A M.R.S.A. § 3049(10) allows cancellation or nonrenewal for failure to comply with reasonable loss control recommendations within 90 days after notice from insurer. A simple query asking if the insured is keeping the trampoline, and if so, if safety netting will be added, is not a loss control recommendation. Nothing in the evidence provided by the company indicates that the policyholders were advised that they were required to obtain a safety netting within 90 days or the policy could be canceled or nonrenewed. In addition, the insureds did obtain the netting in less than 90 days. Accordingly, the company has failed to establish a basis for its nonrenewal action.
Last Updated: January 6, 2012
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