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Wayne Weeks v. Vermont Mutual Insurance Company

Held November 27, 2012– Docket No. INS-12-2123
Decision Issued:  December 6, 2012

The named insured requested a hearing to contest the nonrenewal of a homeowners policy for a physical change in the property that results in the property becoming uninsurable.  The company established that a significant loss occurred and the property remains unrepaired more than a year later.

Held: For the company. 24-A M.R.S. § 3051 allows nonrenewal based upon any ground permitting cancellation under section 3049. Subsection (5) permits cancellation of a policy when a physical change in the property renders it uninsurable. As the dwelling will not be rebuilt and an open foundation with partial structure is left on the property, the nonrenewal action is permitted.

Last Updated: April 15, 2014