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Steven Campbell & Marina Meyers v. Patrons Oxford Insurance Company

Held March 10, 2010 – Docket No. INS-10-2009
Decision Issued: March 26, 2010

The named insured requested a hearing to contest the nonrenewal of a homeowners policy. The reason for nonrenewal was that the removal of a thermostatically controlled and self-fueled central heating system increased the susceptibility to specified losses. The company failed to demonstrate that the original heating system was removed.

Held: For the insured. The Maine Property Insurance Cancellation Control Act permits nonrenewal of a homeowners policy if based upon a reason that is in good faith and related to the insurability of the property. The reason given to the insured must also be explicit. As the stated reason was predicated upon removal of the oil furnace as the cited increase in hazards insured against, the company therefore had to establish that it was actually removed. As the furnace was not removed and is operable, the nonrenewal action was not permitted.