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T.K. Sampson General Building Contractor LLC et al. v. Patriot Insurance Company

Held December 20, 2012 – Docket No. INS-12-2134
Decision Issued:  January 19, 2013

The named insured requested a hearing to contest the cancellation of a commercial package policy for failure to comply with loss control recommendations.  The evidence on the record demonstrates that one or more of the loss control recommendations was not completed.

Held: For the company. 24-A M.R.S.A. § 3007(2)(D) permits an insurer to cancel a policy if the insured fails to comply with reasonable loss control recommendations. The company demonstrated that its loss control recommendations were reasonable and that one or more remained unaddressed. Accordingly, the cancellation was permitted.

Last Updated: April 15, 2014