LD 1853, Page 2 - 121th Legislature, SECOND SPECIAL Session

	~~Any~~ A named insured who has received a statement of reason for
cancellation, or of reason for an insurer's intent not to renew a
policy, may, within 30 days of the receipt of a statement of
reason, request a hearing before the Superintendent of Insurance.
The purpose of this hearing ~~shall be~~ is limited to establishing the
existence of the proof or evidence used by the insurer in its
reason for cancellation or intent not to renew. The burden of proof
of the reason for cancellation or intent not to renew ~~shall be upon~~
is on the insurer. In order to prove that a reason for nonrenewal
is a good faith reason and rationally related to the insurability
of the property, the insurer must provide sufficient evidence to
demonstrate a relationship between the reason for nonrenewal and an
increased risk to insuring the property.__A statement from the
insurer that the risk does not meet the insurer's underwriting
guidelines alone is not considered sufficient evidence. The
superintendent shall adopt rules for carrying out this section. The
superintendent ~~shall have the authority to~~ may order the policy to
continue in effect both pending and, if the superintendent finds in
favor of the insured, subsequent to a hearing. If the
superintendent finds in favor of the insurer at a hearing, the
superintendent may order the policy to remain in force for 14 days
to allow the insured to obtain other coverage.

Sec. 3. 24-A MRSA зз3057, 3058 and 3059 are enacted to read:

з3057.__Actions related to age of dwelling prohibited

An insurance company authorized to transact business in this
State may not cancel or refuse to issue or renew a property
insurance policy subject to this subchapter solely on the basis
of the age of the dwelling and without consideration of the
current condition of the property.

з3058.__Refusal based on previous owner's losses

An insurance company authorized to transact business in this
State may not refuse to issue a property insurance policy subject
to this subchapter for the sole reason that a previous owner of
the property submitted claims for losses to the property.

з3059.__Insurer valuation of property; increase in premium;
notice

1.__Increase in valuation.__If an insurer determines that the
stated insured value of a property covered by a policy subject to
this subchapter should be increased to depict more accurately its
current value and the increase in valuation will result in an
increase in premium for the policy, then the increase in the
stated insured value and the corresponding increase in premium
may be implemented only at the time of renewal.

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