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Steven Dulac v. Dorchester Mutual Insurance Company

Held February 12, 2008 - Docket No. INS-08-2008
Decision Issued: February 20, 2008

The insured requested a hearing following his receipt of notice that his homeowners policy was being cancelled for failure to comply with loss control recommendations. At hearing, the company submitted as its evidence a statement that was not sworn.

Held: For the insured. Under the Maine Administrative Procedure Act, all witnesses must be sworn. See M.R.S.A. § 9057(3). In addition, Bureau of Insurance Rule 355 § 8(C) states that no unsworn statement or accompanying evidence will be admitted into the hearing record; and the parties were advised of this requirement in the Notice of Hearing and Procedural Order issued to them. A notary’s acknowledgement of the signatory’s identity does not constitute a properly sworn statement.