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William Jennings v. Union Mutual Fire Insurance Company

Held September 5, 2012 – Docket No. INS-12-2087
Decision Issued:  October 1, 2012

The named insured requested a hearing to contest the cancellation of his homeowners policy for a substantial change in risk that increases the risk of loss, citing exterior deterioration and interior clutter.  The company failed to establish grounds for cancellation.

Held: For the insured. 24-A M.R.S. § 3049(5) permits cancellation for a physical change in the property that renders the property uninsurable. The company did not establish any change in the condition; it only demonstrated the current condition. Although the insured established a physical change relating to the attached shed, the company did not establish how an opening into a woodshed rendered the property uninsurable.

Last Updated: April 15, 2014