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Leon Perkins v. York Insurance Company of Maine
Hearing #2005-15858, Decision Issued April 13, 2005.

The personal representative of the estate of the insured requested a hearing following receipt of a notice of homeowners insurance nonrenewal citing conditions on the property including the home’s lack of occupancy by its owner and a condition of an attached barn. At hearing, the company discussed the property inspection report and accompanying photographs, noting that the occupancy by non-owners increases covered risks. The estate representative disputed the condition of the barn but confirmed that others resided in the home.

Held: For the company. The documentary evidence presented was not persuasive to demonstrate the condition of the barn alleged by the company. However, the home is occupied by those other than the owner which increases the liability exposure under the policy. Accordingly, the company has established that this stated reason is a good faith reason related to the insurability of the property as required by 24-A M.R.S.A. §§ 3051, 3054 for nonrenewal of the policy.

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