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Erik Burbank v. Phenix Mutual Fire Insurance Company

Held June 27, 2013 – Docket No. INS-13-2041
Decision Issued:  June 27, 2013

The named insured requested a hearing to contest the nonrenewal of homeowners policy for activities loss activity. 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 nonrenewal 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 nonrenewal action was disallowed by default.

Last Updated: April 15, 2014