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David Holbrook v. Concord General Mutual Insurance Company

Held November 20, 2012 – Docket No. INS-12-2124
Decision Issued:  November 27, 2012

The named insured requested a hearing to contest the cancellation of a homeowners policy for nonpayment of premium.  The company demonstrated that the premium was not paid when due and that all statutory notice requirements were met.

Held: For the company. Maine law under 24-A M.R.S.A. § 3049(1) allows an insurer to cancel a policy if an insured fails to make a premium payment when due. The company demonstrated that the named insured was notified of the payment due prior to the due date, and no payment was received. A cancellation notice was properly issued to the named insured at the last known address and payment was not received before the cancellation date. Accordingly, the cancellation action is permitted.