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Harry Snyder v. Hingham Mutual Fire Insurance Company

Held September 26, 2012 – Docket No. INS-12-2099
Decision Issued:  October 3, 2012

The named insured requested a hearing to contest the cancellation of his homeowners policy for failure to comply with loss control recommendations.  The company failed to demonstrate the basis of its recommendations, and failed to provide evidence of noncompliance.

Held: For the insured. 24-A M.R.S. § 3049 permits cancellation for the insured’s failure to comply with reasonable loss control recommendations within 90 days. Although recommendations were conveyed to the policyholder, he was not given a deadline or time frame for compliance. The company’s stated support for its contention that the insured had not complied was his failure to have provided photos of the completed work to the agent. Finally, the company did not explain at the hearing why the recommendations were necessary. Accordingly, the company did not meet its burden of proof to uphold the cancellation action.

Last Updated: April 15, 2014