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Charles & Debra Calligan v. Vermont Mutual Insurance Company
Docket No. INS-13-2044, Decision Issued July 25, 2013.

The insured requested a hearing following receipt of a notice of homeowners insurance cancellation citing an animal with a bite history. At hearing, the company maintained that the insured’s dog presents a liability exposure increase because of an incident. It was established that the injured party has not submitted a claim for the injury.

Held: For the insured. Title 24-A M.R.S.A. § 3049(9) permits an insurer to cancel a policy for a loss occasioned by a dog bite unless, after notice of cancellation or nonrenewal is received, the insured removes the dog. Although the insureds agreed that their dog bit someone, the person has not pursued a claim against them for the injury. Therefore, no loss triggering grounds for cancellation occurred.

Last Updated: April 15, 2014