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Dennis Dyck v. State Farm Mutual Automobile Insurance Company

Held August 7, 2013– Docket No. INS-13-2068
Decision Issued:  August 13, 2013

The named insured requested a hearing to contest the nonrenewal of an automobile insurance policy for a driver’s license suspension or revocation in the past 36 months.  The company raised at the hearing a conviction that had not been included in the reason for nonrenewal.

Held: For the insured. 24-A M.R.S. § 2916-A allows a policy to be nonrenewed for any reason for which it could be cancelled under section 2914. Cancellation or nonrenewal is permitted under 2914(4) for a driver’s license suspension or revocation that occurs during the policy period or within 180 days prior to its last renewal date; 36 months is not the correct time frame for a suspension action. The suspension shown on the driver’s license was not within the statutory time frame. Although the conviction cited at the hearing is included as a basis for nonrenewal in section 2916-A(1),  the company did not disclose this reason on the nonrenewal notice. As section 2917 requires the reason given on the notice to be explicit, additional reasons cannot be raised at the hearing.

Last Updated: April 15, 2014