LD 1853
pg. 4
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LR 2725
Item 1

 
No An insurer shall may not fail to renew a policy except by
notice to the insured as provided in this subchapter. A notice of
intention not to renew shall is not be effective unless received
by the named insured at least 30 days prior to the expiration
date of the policy. A post-office department post office
certificate of mailing to the named insured at his the insured's
last known address shall be is conclusive proof of receipt on the
3rd calendar day after mailing. The reason shall must accompany
the notice of intent not to renew, together with notification of
the right to apply for a hearing before the Superintendent of
Insurance within 30 days as provided.

 
The reason or reasons for the intended nonrenewal action shall
must accompany the notice of intent not to renew and the reason
or reasons shall must be explicit. Explanations such as
"underwriting reasons," "underwriting experience," "loss record,"
"location of risk," "credit report" and similar insurance terms
are not by themselves acceptable explanations of an insurer's
intended nonrenewal of a policy insuring property of the kind
defined in section 3048. The reason for nonrenewal shall must be
a good faith reason rationally and related to the insurability of
the property or a ground for cancellation pursuant to section
3049.

 
This section shall does not apply:

 
1. If the insurer has manifested its willingness to renew; or

 
2. If the insured fails to pay any premium due or any advance
premium required by the insurer for renewal.

 
Sec. A-9. 24-A MRSA §3054, as amended by PL 1989, c. 172, §8, is
further amended to read:

 
§3054. Hearing before Superintendent of Insurance

 
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. If an insurer's reason for nonrenewal
is not based on a ground for cancellation permitted under section
3049, the insurer must provide proof or evidence that the reason
for nonrenewal is a good faith reason and related to the
insurability of the property.__A statement


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