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Edwin and Anna Duquette v. MMG Insurance Company

Held February 19, 2009 – Docket No. INS-09-2010
Decision Issued: March 17, 2009

The insured requested a hearing to contest the nonrenewal of a homeowners policy. The company demonstrated at hearing that a business is operated on the premises and that decks on the premises have no or insufficient railings. The insureds argued that there is a commercial policy on the business, which provides products to stores and for sale by mail order, and that the decks have had the same railings since 2003.

Held: For the company. Liability for issues relating to the business could affect the homeowners policy, especially as the only reported customers on premises are friends of the insureds. The lack of sufficient railings on the elevated decks also increases the liability exposure. Although the insureds indicated they would comply with any requirements relating to railings but were not given that opportunity, the law does not require an insurer to issue loss prevention recommendations before nonrenewing a policy for a specific condition.