Orders : Bureau of Insurance

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STATE OF MAINE
BUREAU OF INSURANCE

IN RE:

UNION MUTUAL FIRE
INSURANCE CO.

Maine License No. PCF95
NAIC Code 25860

NEW ENGLAND GUARANTY
INSURANCE COMPANY

Maine License No. PCF87
NAIC Code 25852

Docket Nos. INS 10-233; INS 10-234

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ORDER CONSOLIDATING
PROCEEDINGS AND
NOTICE OF HEARING

Bureau Staff has moved to consolidate these adjudicatory proceedings, asserting that both matters involve common questions of law and fact. Respondents Union Mutual Fire Insurance Co. and New England Guaranty Insurance Company do not oppose the motion to consolidate. Accordingly, the proceedings are hereby consolidated for purposes of hearing and all further prehearing matters.

The public hearing in this matter shall be held on Friday, January 21, 2011. The hearing will commence at 8:30 a.m. and will take place at the Maine Bureau of Insurance at 76 Northern Avenue, Gardiner, Maine.

As explained in the Superintendent's Orders of August 2, 2010, the hearing is being held in response to Petitions for Enforcement filed by Bureau of Insurance staff. The hearing has been convened pursuant to 24-A M.R.S. § 1417, 24-A M.R.S. § 1420 K, and 24-A M.R.S. §§ 229 through 236, to determine whether either or both of the Respondents violated the Maine Insurance Code as alleged in the Petitions, and if so, to decide the remedy to be imposed. Copies of the Petitions are attached.

The hearing will be conducted in accordance with the provisions of the Maine Administrative Procedure Act, 5 M.R.S. §§ 9051 through 9064 and Maine Bureau of Insurance Rules, Chapter 350. You may be represented by an attorney. You may call witnesses to testify on your behalf and may cross-examine any witnesses who testify against you. All testimony will be taken under oath and the hearing will be recorded. You may present written evidence and may make oral or written arguments at hearing. Applications for intervention pursuant to 5 M.R.S. § 9054 will be accepted up to the commencement of the hearing.

Information obtained during the hearing may be used in subsequent legal proceedings. Failure to appear at the hearing may result in a disposition by default, which may be set aside only if good cause is demonstrated to the satisfaction of the Superintendent.

The Department of Professional and Financial Regulation does not discriminate on the basis of disability. Persons who need any sort of assistance or accommodation for effective participation in this hearing should make their needs known to the hearing officer sufficiently in advance of the hearing that appropriate arrangements can be made.

PER ORDER OF THE SUPERINTENDENT OF INSURANCE

DECEMBER 9, 2010

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ROBERT ALAN WAKE
DESIGNATED HEARING OFFICER

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