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Gordon Gauntlett Jr. and Andrea Gauntlett v. Kemper Independence Insurance Company

Held June 23, 2009 – Docket No. INS-09-2058
Decision Issued: June 29, 2009

The insured requested a hearing regarding the nonrenewal of a homeowners policy due to lack of requested repairs and two losses. The company did not establish that loss recommendations were conveyed, and the parties both indicated that the garage roof, the subject of one of the claims, had been repaired.

Held: For the insured. The company agreed that the insured had addressed the loss repairs, and offered no explanation of how the existence of the losses related to the insurability of the property. Furthermore, section 3051 specifically states that “loss record” is not a sufficient explanation of an intended nonrenewal. Simply the fact that claims have occurred does not establish grounds for nonrenewal of a homeowners policy.