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Maine.gov > PFR Home > Insurance Regulation >Administrative & Enforcement Actions > Cancellation Hearing Index > Cancellation / Nonrenewal : Docket No. INS-13-2029 Decision

 

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Dennis Kingman v. Massachusetts Bay Insurance Company

Held May 30, 2013 – Docket No. INS-13-2029
Decision Issued:  June 24, 2013

The named insured requested a hearing to contest the nonrenewal of homeowners policy due to four cited losses.  The company argued that the loss frequency indicates a likelihood of future losses, and that the occupancy issue exacerbates the severity of losses.

Held: For the insured. The Maine Property Insurance Cancellation Control Act permits nonrenewal of a policy for a reason that is “a good faith reason and related to the insurability of the property or a cancellation ground pursuant to section 3049.” 24-A M.R.S.A. § 3051 specifies that “loss record” is not an acceptable explanation of nonrenewal, and the occupancy issue was not stated in the notice as a reason for the nonrenewal action. The company failed to identify any factor to support the action that is not expressly prohibited by statute. Accordingly, nonrenewal of the policy for the cited reason is not permitted.

 

Last Updated: April 15, 2014