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Robert Pellegrino v. Liberty Insurance Corporation

Held April 11, 2013 – Docket No. INS-13-2024
Decision Issued:  April 11, 2013

The named insured requested a hearing to contest the cancellation of his homeowners policy for a change in risk.  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 sworn statement in lieu of appearance, the cancellation action was disallowed by default.

Last Updated: April 15, 2014