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Ashley Sharp v. State Farm Mutual Automobile Insurance Company
Docket No. INS-05-2056, Decision Issued September 23, 2005.

The insured requested a hearing following receipt of a notice of automobile insurance coverage cancellation citing the driver’s license suspension of the insured’s husband. At hearing, the company presented the husband’s motor vehicle record and maintained that the husband is residing in the household. The insured’s husband testified that he never has obtained a license, and he explained the circumstances causing the motor vehicle record to reflect a suspension.

Held: For the company. Although Mr. Sharp never has had a driver’s license, his ability to obtain one has been suspended. The suspension occurred during the 180 days immediately preceding the effective date of the policy. The type of suspension is not listed as one of the exceptions provided by 24-A M.R.S.A. § 2914(4). Finally, Mr. Sharp is a resident of the household. The Company has demonstrated that all requirements for cancellation under the applicable statute have been met.

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