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Louise St. Claire v. Patrons Oxford Insurance Company

Held March 29, 2012 – Docket No. INS-12-2019
Decision Issued:  April 11, 2012

The named insured requested a hearing to contest the cancellation of homeowners policy for failure to comply with loss control recommendations.  The evidence on the record demonstrated that one recommendation was completed after the 90 days, and the other two had not been addressed.

Held: For the company. 24-A M.R.S.A. § 3049(10) allows cancellation if the insured fails to comply with reasonable loss control recommendations within 90 days. Although the replacement of the roof was completed, it was done after the intended cancellation date. Repair of the interior water damage including mold remediation, from losses in 2008, 2009 and 2011, had not been addressed. Accordingly, the cancellation action was permitted.