LD 1853
pg. 1
LD 1853 Title Page An Act To Amend the Laws Relating to Property Insurance Page 2 of 3
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LR 2725
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 24-A MRSA §3051, as amended by PL 1979, c. 347, §12, is
further amended to read:

 
§3051. Notice of intent

 
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 named
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. If the intended nonrenewal is based in
whole or in part on the reason that repairs are necessary to
maintain the insurability of the property, then the policy may be
nonrenewed in accordance with this subchapter only if prior to
issuing the notice of intent not to renew the insurer has
provided the insured with a detailed written explanation of the
necessary repairs, the insurer has permitted a minimum of 4
months for the insured to complete the repairs and the insured
has failed to complete the repairs. The reason for nonrenewal
shall must be a good faith reason and rationally related to the
insurability of the property.

 
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. 2. 24-A MRSA §3054, as amended by PL 1989, c. 172, §8, is
further amended to read:

 
§3054. Hearing before Superintendent of Insurance


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