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Michael Hotham v. Norfolk & Dedham Mutual Fire Insurance Company

Held May 29, 2009 – Docket No. INS-09-2044
Decision Issued: May 29, 2009

The insured requested a hearing regarding the cancellation of a businessowners policy for an increase in hazard. The insurer submitted a sworn statement in lieu of appearance at the hearing, but the author of the statement was not available for cross-examination.

Held: For the insured. The author of the company’s sworn statement was not available when the hearing officer attempted to reach him at the number provided for cross-examination. Pursuant to the Maine Administrative Procedure Act and Bureau Rule Chapter 355, the author must be available for cross-examination or the sworn statement and accompanying documentation will not be submitted into the record except for good cause. Accordingly, the statement was not admitted and no evidence was provided to support the company’s action.