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William Mack & Ann Robison v. Middlesex Mutual Assurance Company

Held March 15, 2011 – Docket No. INS-11-2013
Decision Issued: April 11, 2011

The named insured requested a hearing to contest the nonrenewal of homeowners insurance because of the use of torches with acetylene gas and propane gas in the home. The policyholder has a jewelry-making workshop located in the home. The company demonstrated that the use of this equipment increased the risk of loss due to fire and explosion covered under the policy.

Held: For the company. 24-A M.R.S.A. § 3051 allows nonrenewal for a reason that is in good faith and related to the insurability of the property. The use and storage of acetylene and propane gas canisters is an increased exposure to loss not common in a residential home. Accordingly, the nonrenewal is permitted under the Maine Property Insurance Cancellation Control Act.