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Evelyn & Craig Milner v. Massachusetts Bay Insurance Company  

Held August 16, 2012 – Docket No. INS-12-2075
Decision Issued: September 6, 2012

The insured requested a hearing regarding the nonrenewal of homeowners insurance for failure to comply with loss control recommendations. The evidence on the record established that the loss control recommendation to repair the barns’ roofs remained unaddressed more than 90 days after the insured received notice of the recommendations.

Held: For the company. 24-A M.R.S.A. § 3049(10) permits cancellation or nonrenewal for failure to comply with reasonable loss control recommendations within 90 days after notice from the insurer. The company demonstrated that it complied with all the applicable requirements of the Maine Property Insurance Cancellation Control Act, and that the unaddressed recommendation was reasonable.