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Peter & Amelia Beringer v. Patriot Insurance Company

Held August 1, 2012 – Docket No. INS-12-2071
Decision Issued: August 9, 2012

The insured requested a hearing regarding cancellation of automobile and homeowners insurance coverage for nonpayment of premium. At hearing, the company demonstrated that a partial payment was received for the installment due June 15.  The company offered to continue coverage uninterrupted if the remainder was received before the cancellation date of July 10, but additional payment was not received by that date.

Held: For the company. The Maine Automobile and Property Cancellation Control Acts allow an insurer to cancel a policy for the failure of the named insured to discharge when due any obligations in connection with the payment of premium on the policy, or any installment of a premium. See 24-A M.R.S. §§ 2912(3), 2914(1), 3049, 3049(1). The company demonstrated that the insured was notified of the amount due prior to the due date, and only a partial payment was received. A cancellation notice was properly issued after the premium due date, and payment was not received before the cancellation date. The company has demonstrated that the statutory requirements to cancel the policy have been met.


Last Updated: April 15, 2014