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Roger and Theresa Mack v. Concord General Mutual Insurance Company

Held July 21, 2009 – Docket No. INS-09-2065
Decision Issued: August 14, 2009

The insureds’ attorney requested a hearing regarding the cancellation of their homeowners policy for failure to comply with loss control recommendations. It was established that one of the recommendations was both reasonable and unaddressed.

Held: For the company. 24-A M.R.S.A. § 3049(10) permits an insurer to cancel for the insureds failure to comply with reasonable loss control recommendations within 90 days. The insureds were notified by December 2008 of the loss control recommendations and informed then that the policy would be cancelled if the recommendations were not done by June 1, 2009. The insureds disputed the reasonableness of two other recommendations, but it is only necessary for one recommendation to be established as unreasonable and unaddressed in order for the company to establish grounds for cancellation.