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Dr. Hans Duvefelt v. Farmers Insurance Exchange

Held May 18, 2010 - Docket No. INS-10-2035
Decision Issued: May 18, 2010

The named insured requested a hearing to contest the nonrenewal of a homeowners policy. The company submitted a statement in lieu of appearance that was not sworn.

Held: For the insured. Under the Maine Administrative Procedure Act, all witnesses must be sworn. See M.R.S.A. § 9057(3). In addition, Bureau of Insurance Rule 355 § 8(C) states that no unsworn statement or accompanying evidence will be admitted into the hearing record; and the parties were advised of this requirement in the Notice of Hearing and Procedural Order issued to them. The company representative failed to comply with this requirement. As the company in essence failed to appear, a default judgment was issued.