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Stanley Nezol v. MMG Insurance Company

Held November 13, 2012– Docket No. INS-12-2116
Decision Issued:  November 19, 2012

The insured requested a hearing to contest the cancellation of homeowners insurance for a substantial increase in exposure, identifying a rental occupancy and a second story deck without railings among other issues. The company argued that the property being occupied by a tenant is a change that renders it uninsurable as it no longer qualifies for a homeowners policy.

Held: For the insured. Under section 3049(1) the Maine Property Cancellation Control Act distinguishes between a physical change and a change in occupancy or use, therefore a change in occupancy does not constitute the physical change in the property required by section 3049(5). The company did not establish that any of the cited property conditions was a change. Without a physical change in the property, section 3049(5) is not triggered.

Last Updated: April 15, 2014