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Sandi & Gerard Escarfullery v. Cambridge Mutual Fire Insurance Company

Held February 3, 2009 – Docket No. INS-09-2002
Decision Issued: February 12, 2009

The insured requested a hearing to contest the company’s cancellation of his homeowners policy for failure to comply with recommendations. The company had required that a defunct inground swimming pool be filled in, and demonstrated that the insured had not complied with the recommendation that had been issued in April 2008. The insured argued that his alternative, constructing a greenhouse over the empty pool, was sufficient to eliminate the liability hazard.

Held: For the company. The greenhouse frame erected by the insured includes widely spaced vertical members with no wall coverings at this time and no floor, thus not addressing the liability hazard of someone falling into the hole. Although the insured argued that he had not been able to complete the structure because it was winter, he had notified the agent in September that the greenhouse was completed. The company allowed more than the 90 days specified by statute to address this issue, and the recommendation was not complied with, therefore the cancellation is permitted under the Maine Property Insurance Cancellation Control Act.