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Donald Dwyer v. Concord General Mutual Insurance Company

Held July 22, 2009 – Docket No. INS-09-2068
Decision Issued: August 4, 2009

The insured requested a hearing to contest nonrenewal of his homeowners policy for failure to comply with recommendations. The company established that reasonable recommendations had been conveyed in 2007 and 2008 and that some of the recommendations were incomplete or unaddressed.

Held: For the company. Title 24-A M.R.S.A. § 3049(10) permits cancellation or nonrenewal for the failure to comply with reasonable loss control recommendations within 90 days. The company demonstrated that the outstanding recommendations were reasonable, that at least 90 days had elapsed since the recommendations had been conveyed, and that statutory notice requirements were met.