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Stephen & Carol Sue Gormley v. MMG Insurance Company

Held October 2, 2012– Docket No. INS-12-2106
Decision Issued:  November 21, 2012

The named insured requested a hearing to contest the cancellation of a homeowners policy for failure to comply with loss control recommendations.  The record established that one or more of the recommendations remained unaddressed more than 90 days after the insured was notified of the necessary repairs.

Held: For the company. 24-A M.R.S. § 3049(10) permits cancellation for the failure to comply with loss control recommendations within 90 days after notice.  The company had allowed six months for compliance, and at least one recommendation had not been done. As the policy covers damage caused by the exposure that the recommendations were intended to reduce, the cancellation action is permitted by the Maine Property Insurance Cancellation Control Act.

Last Updated: April 15, 2014