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John Maller, Jr. v. Concord General Mutual Insurance Company

Held May 8, 2008 - Docket No. INS-08-2041
Decision Issued: May 14, 2008

The insured requested a hearing regarding the nonrenewal of his homeowners policy due to a dog bite loss. At hearing, the company established that a claim was paid as a result of the dog bite and that the dog remained on the premises.

Held: For the company. Title 24-A M.R.S.A. § 3051 states that the “reason for nonrenewal must be a good faith reason related to the insurability of the property or a ground for cancellation pursuant to section 3049. Section 3049(9) permits cancellation for a loss occasioned by a dog bite, unless the insured removes the dog after receiving the notice of cancellation or nonrenewal. This nonrenewal notice complies with all of the other relevant statutory requirements. The company has met all of the requirements in §§3049(9), 3051, 3054 to decline renewal of this policy.