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Minna Pachowsky v. Vermont Mutual Insurance Company

Held November 7, 2013– Docket No. INS-13-2103
Decision Issued:  December 4, 2013

The personal representative of the named insured’s estate requested a hearing to contest the company’s nonrenewal of two homeowners policies due to the named insured being deceased. 

Held: For the company. 24-A M.R.S. § 3051 allows an insurer to nonrenew a policy if based upon a reason that is in good faith and related to the insurability of the property. The company established how the death of the named insured affects the insurability of the property, as the contract imposes obligations and duties upon the named insured, and the coverages provided are predicated upon the named insured’s occupancy, use and care of the dwelling. As the company met all statutory notice requirements, the nonrenewal of these policies is permitted under the Maine Property Cancellation Control Act.

Last Updated: April 15, 2014