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James Durrell v. MMG Insurance Company

Held August 30, 2012 – Docket No. INS-12-2085
Decision Issued:  September 14, 2012

The personal representative of the named insured’s estate requested a hearing to contest the cancellation of a homeowners policy for nonpayment of premium.  The company demonstrated that payment was not received when it was due, and a notice of cancellation was issued in accordance with statutory requirements.

Held: For the company. 24-A M.R.S. § 3049(1) allows cancellation of a policy for nonpayment of premium, and § 3050 states that a postal service certificate of mailing to the named insured at the insured’s last known address is conclusive proof of receipt on the fifth calendar day after mailing.  The personal representative argued that statutory notice was not given, as the cancellation notice was not received until July 10 and the cancellation date was July 12. He also challenged the validity of the form provided by the company to establish statutory proof of mailing. The form was determined to comply with statutory requirements, and the delay in delivery was due to a change in address that had not been given to the insurer which required the mail to be forwarded by the post office to the new address.            

Last Updated: April 15, 2014