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Kimberly & James Fisher v. GEICO Indemnity Company

Held January 4, 2012 – Docket No. INS-11-2121
Decision Issued:  January 23, 2012

The named insured requested a hearing to contest the cancellation of an automobile policy for nonpayment of premium. 

Held: For the insured. The company issued a valid notice of cancellation for nonpayment of premium in accordance with 24-A M.R.S.A. §§ 2914(1), 2915 but then accepted payment after the cancellation date and unconditionally reinstated the policy. When that payment was not collectible, the company attempted to retroactively reinstate the earlier cancellation notice. As that notice had been rescinded, the company cannot cancel the policy unless it issues a new cancellation notice, and failed to do so.

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