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Paul and Rhonda Briggs v. MMG Insurance Company

Docket No. INS-06-2095, Decision Issued October 17, 2006.

The insured requested a hearing following receipt of a notice of automobile insurance cancellation citing a driver’s license suspension as the reason for cancellation. At hearing, the company presented evidence of the suspension. The insured argued that the charge leading to the suspension had been dismissed.

Held: For the company. The Maine Automobile Cancellation Control Act, 24-A M.R.S.A. §§ 2911-2924, allows policy cancellation if a named insured or other household resident or customary operator has a license suspended during the policy term, or if the policy is a renewal, within the 180 days immediately preceding its effective date. 24-A M.R.S.A. § 2914(4). The only exceptions are if the suspension is a first or second suspension of a provisional license or a suspension for the illegal transportation of liquor by a minor. None of the exceptions apply in this case. There is insufficient evidence to conclude that the suspension at issue was imposed incorrectly. The suspension occurred within the 180 days immediately prior to the policy renewal date. This cancellation action is permitted.