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Raymond & Amy Berthelette v. Middlesex Mutual Assurance Company

Held December 6, 2012 – Docket No. INS-12-2132
Decision Issued:  December 10, 2012

The named insured requested a hearing to contest the cancellation of their homeowners policy for failure to comply with loss control recommendations.  The company failed to appear at the hearing or submit a sworn statement in lieu of appearance.

Held: For the insured. 24-A M.R.S.A. § 3054 places the burden of proof upon the insurer to establish its reason for cancellation and its compliance with applicable statutory requirements.  As the company failed to appear in person or to submit a properly sworn statement in lieu of appearance, the cancellation action was disallowed by default.