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Islandscaping Inc. v. Acadia Insurance Company

Held April 19, 2012– Docket No. INS-12-2030
Decision Issued:  April 27, 2012

The insured requested a hearing to contest the cancellation of a commercial automobile policy and a commercial package policy for nonpayment of premium.  Acadia demonstrated that it met all statutory notice requirements and policy provisions in the cancellation of the commercial automobile policy, and that premium was not paid when due. However, Acadia is not the insurer of record of the commercial package policy, and therefore did not comply with either statutory or contractual requirements.

Held: For the company on the commercial auto policy cancellation, pursuant to 24-A M.R.S.A. § 2908, but the cancellation of the commercial package policy was not allowed. An affiliated company is the insurer of record of the commercial package policy, and the cancellation notice issued by Acadia did not identify the underwriting company, therefore proper notice of the cancellation was not provided.

Last Updated: April 15, 2014