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Kim Smith v. NGM Insurance Company

Held August 28. 2013 – Docket No. INS-13-2078
Decision Issued:  September 4, 2013

The named insured requested a hearing to contest the cancellation of a homeowners policy for having a swimming pool that is not fully fenced with a locking gate and that includes a slide.  The company failed to provide the required minimum 30 days to correct the fencing.

Held: For the insured. 24-A M.R.S. § 3049(8) permits cancellation for “the presence of a swimming pool upon the insured property that is not fenced in, in accordance with the standards established in Title 22, section 1631, if the pool remains in noncompliance with those standards for 30 days after notice by the insurer of the defective condition and intent to cancel the policy.” The company did not notify the insured of the defective condition and what was needed for correction, and did not allow 30 days for the insured to address the issue; instead the insurer simply gave 20 days’ notice of the intended cancellation.

Last Updated: April 15, 2014