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Robert & Katrina Henderson v. Vermont Mutual Insurance Company

Held August 16, 2012 – Docket No. INS-12-2072
Decision Issued:  September 6, 2012

The named insured requested a hearing to contest the cancellation of homeowners policy for failure to comply with loss control recommendations.  The evidence on the record demonstrated that one recommendation referenced in the reason for nonrenewal was completed, but not the other.

Held: For the company. 24-A M.R.S.A. § 3049(10) allows cancellation or nonrenewal of a homeowners policy if the insured fails to comply with reasonable loss control recommendations within 90 days. A recommendation relating to the siding had been completed and half of the roof was replaced, although neither was done within 90 days. Although the recommendation had been to replace the deteriorated roof, only the part that had already leaked was replaced.  The company established that it is reasonable to require replacement of the remaining deteriorated roof before it starts to leak. Accordingly, the nonrenewal action was permitted.

Last Updated: April 15, 2014