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Behzad & Harriet Fakhery v. Teachers Insurance Company

Held August 2, 2012– Docket No. INS-12-2069
Decision Issued:  August 28, 2012

The named insured requested a hearing to contest the nonrenewal of homeowners insurance for condition of the roof and the claims history.  The insured demonstrated that the roof had been replaced.

Held: For the insured. 24-A M.R.S. § 3051 allows nonrenewal for a reason that is in good faith and related to the insurability of the property. It also requires the reason or reasons informing the policyholder of the nonrenewal to be explicit. As the roof had been replaced as soon as weather permitted, the company’s cited reason was not applicable. The company raised additional concerns about the style of roof and type of roof covering at the hearing, but those reasons had not been specified in the notice of nonrenewal, and were therefore not applicable to the action.