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Steven Campbell & Marina Meyers v. Patrons Oxford Insurance Company

Held December 29, 2009 – Docket No. INS-09-2145
Decision Issued: January 8, 2010

The insureds requested a hearing to contest cancellation of their homeowners policy for failure to comply with loss control recommendations and a physical change in the property rendering it uninsurable. The company argued that the installation of an outside wood boiler that conflicts with the company’s underwriting guidelines is a change in the property that renders it uninsurable. It also issued a loss control recommendation for the unit to be removed with which the insured did not comply.

Held: For the insured. Without documentation to establish the alleged inherent risk associated with this type of heating unit, the company was unable to show that it’s existence made the property uninsurable under 24-A M.R.S.A. § 3049(5) or that the demand to remove it from the premises was reasonable under 24-A M.R.S.A. § 3049(10).