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Brent & Misha Rolfe v. Metropolitan Property & Casualty Insurance Company

Held June 16, 2009 – Docket No. INS-09-2053
Decision Issued: June 16, 2009

The insured requested a hearing regarding the nonrenewal of a homeowners policy for an increase in hazard due to the condition and maintenance of the property. 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 by telephone 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.