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David & Vicki Clarke v. Patrons Oxford Insurance Company

Held June 25, 2013 – Docket No. INS-13-2042
Decision Issued:  July 2, 2013

The named insured requested a hearing to contest the nonrenewal of a homeowners policy for claims resulting from careless or negligent acts by the insured.  The company established that the losses involve an element of carelessness or indifference that increases the likelihood of continuing losses.

Held: For the company. 24-A M.R.S. § 3051 permits nonrenewal if based upon a reason that is in good faith and related to the insurability of the property. The company’s reason was comprehensive and clearly informed the insured of why it was taking the action and the company documented its assertions at the hearing. The company argued that a reasonable and prudent person would have taken different actions that would have prevented the claims, and noted that Mr. Clarke has had extensive training as a claims adjuster and should have an increased understanding of hazards and perils. As all statutory requirements were met, the nonrenewal action is permitted.

Last Updated: April 15, 2014