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Leslie Mains Sr. v. Metropolitan Property & Casualty Insurance Company

Held June 21, 2012 – Docket No. INS-12-2050
Decision Issued:  June 28, 2012

The named insured requested a hearing following receipt of a notice of nonrenewal of his homeowners policy for a damaged, unrepaired furnace, and use of woodstove as the only heat source.  The company stated that this was an ineligible primary heat source. No documentation of the cited conditions or their relation to insurability was provided.

Held: For the insured. 24-A M.R.S.A. § 3054 states that the insurer must establish the existence of its reason for cancellation or nonrenewal and provide proof that it is related to the insurability of the property. In this case, the company failed to provide any evidence to meet these requirements.