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Rosemary Poole v. Liberty Insurance Corporation

Held August 8, 2013 – Docket No. INS-13-2063
Decision Issued:  August 26, 2013

The named insured requested a hearing to contest the nonrenewal of a homeowners policy for several cited conditions of the property. The company failed to establish how any of the conditions affect the insurability of the property.

Held: : For the insured. 24-A M.R.S. § 3051 permits nonrenewal of this type of policy if the reason is in good faith and related to the insurability of the property; section 3054 requires more than an asserted reliance upon underwriting guidelines to establish the relationship to insurability . As the company only argued that the property in its current condition does not meet its underwriting guidelines, it has failed to meet its burden of proof to establish that the reason is related to the insurability of the property.

Last Updated: April 15, 2014