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Brent and Janette Converse v. Metropolitan Property & Casualty Insurance Company

Held January 11, 2011 - Docket No. INS-10-2122
Decision Issued: January 11, 2011

The named insured requested a hearing to contest the nonrenewal of automobile insurance because of motor vehicle accidents that had occurred. The company submitted a statement in lieu of appearance, but the statement was not sworn.

Held: For the insured. The Maine Administrative Procedures Act at 5 M.R.S.A. § 9057(3) requires all witnesses to be sworn. The Notice of Hearing and Procedural Order notified the parties of this requirement and included an example of a sworn statement. Parties are also advised that no statement or its accompanying evidence will be admitted into the record unless properly sworn. 24-A M.R.S.A. § 3054 places the burden of proof upon the insurer to establish its reason for nonrenewal and compliance with statutory requirements. As the company failed to appear either in person or to submit a properly sworn statement, the nonrenewal was disallowed.