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Clifton and Suzanne Temm v. Phenix Mutual Fire Insurance Company

Held April 3, 2013– Docket No. INS-13-2023
Decision Issued:  April 8, 2013

The named insured requested a hearing to contest the cancellation of a homeowners policy for failure to comply with loss control recommendations.  The company failed to meet its burden of proof relating to those recommendations that had not been addressed.

Held: For the insured. 24-A M.R.S.A. § 3049(10) permits an insurer to cancel a policy if the insured fails to comply with reasonable loss control recommendations within 90 days after notice from the insurer. The company did not establish that the remaining items were reasonable, therefore the cancellation action was not allowed.

Last Updated: April 15, 2014