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James McCarthy v. MMG Insurance Company

Held September 16, 2009 – Docket No. INS-09-2097
Decision Issued: September 18, 2009

The insured requested a hearing regarding the cancellation of his homeowners policy. The insurer submitted a sworn statement in lieu of appearance at the hearing, but the author of the statement was not available for cross-examination.

Held: For the insured. The author of the company’s sworn statement was not available when the hearing officer attempted to reach him by telephone for cross-examination. Pursuant to the Maine Administrative Procedure Act and Bureau Rule Chapter 355, the author must be available for cross-examination or the sworn statement and accompanying documentation will not be submitted into the record except for good cause. Accordingly, the statement was not admitted and no evidence was provided to support the company’s action.