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Sylvia Scott v. York Insurance Company
Hearing #2005-15919, Decision Issued April 14, 2005.

The insured requested a hearing following receipt of a notice of homeowners insurance coverage nonrenewal citing various conditions of the property and a failure to comply with loss control recommendations. At hearing, the company maintained that the agent conveyed the loss control recommendations to the insured and the company received no evidence of repairs or a response to the questions posed. The insured testified that she was unaware that a questionnaire regarding her woodstove needed to be completed and that one was not provided to her. She presented her contractor as a witness who testified that certain repairs have been made and he disputed the need for others.

Held: For the insured. The evidence indicates that certain repairs have been made and there is insufficient evidence to demonstrate that other cited conditions exist. The company drew attention to the existence of a liability related exposure on the property but the policy does not include liability coverage. Lastly, the agent’s letter did not indicate that a questionnaire regarding the woodstove was enclosed or that one needed to be completed by the insured. Thus, the company has not demonstrated that the insured failed to comply with reasonable loss control recommendations within 90 days after notice pursuant to 24-A M.R.S.A. § 3049( 10) or that its stated reason for nonrenewal is a good faith reason related to the insurability of the property as required by §§ 3051, 3054.

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