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Richard Hammond v. Middlesex Mutual Assurance Company

Held April 29, 2009 – Docket No. INS-09-2029
Decision Issued: May 14, 2009

The insured requested a hearing to contest the company’s cancellation of his homeowners policy for failure to comply with loss control recommendations.

Held: For the insured. An insurer must document what recommendations were made, and demonstrate both that the recommendations made were reasonable and that the insured failed to comply. In this case, the company was unable to establish what recommendations were provided to the insured or how the specific recommendation cited in the cancellation notice related to the insurability of the property.