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Earl Smart v. MMG Insurance Company

Held July 17, 2012 – Docket No. INS-12-2055
Decision Issued:  August 8, 2012

The named insured requested a hearing to contest the nonrenewal of homeowners insurance for cited conditions of the property.  The notice of nonrenewal identified deteriorating physical condition and
lack of required general maintenance of the dwelling and premise.
 
Held: For the insured. The Maine Property Insurance Cancellation Control Act allows nonrenewal of homeowners insurance if the reason is in good faith and related to the insurability of the property.  It was determined at the hearing that the majority of the cited conditions had already been addressed by the insured or were not applicable.  The remaining conditions related to the condition of the roof and eaves, and the insured demonstrated that installation of a metal roof and trim was about half completed at the time of the hearing. The company did not explain how these conditions impact or relate to the current or future insurability of the home.