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June Mathews v. Armed Forces Insurance Exchange

Held September 25, 2013 – Docket No. INS-13-2089
Decision Issued:  September 30, 2013

The insured requested a hearing to contest the cancellation of a homeowners policy for vacancy of a property without custodial care.  The company demonstrated that the home is not occupied; however, the home is not vacant.

Held: For the insured. 24-A M.R.S.A. § 3049(6) permits cancellation of a homeowners policy if the insured property is vacant and custodial care is not maintained. “Vacant” and “not occupied” are two different states of occupancy, and only vacancy can trigger the cancellation ground of 3049(6). The cancellation action was not permitted.

Last Updated: April 15, 2014