Code of Maine Rules
02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION
031 - BUREAU OF INSURANCE
Chapter 355 - RULES OF PRACTICE AND PROCEDURE GOVERNING ADJUDICATORY PROCEEDINGS HELD UNDER THE MAINE PROPERTY AND AUTOMOBILE INSURANCE CANCELLATION CONTROL ACTS
Section 031-355-7 - Burden of Proof
Current through 2024-38, September 18, 2024
A. Burden of Proof Generally. The insurer bears the burden of proving by a preponderance of the evidence the existence of and statutory grounds for the reason that was included in the notice received by the insured of cancellation or intent not to renew a homeowner or automobile policy.
B. Nonrenewal of Homeowner Policies. In proceedings for the proposed nonrenewal of homeowner policies, the insurer must prove that the reason given in the notice of intent to nonrenew is either:
A statement by the insurer that the risk does not meet the insurer's underwriting guidelines alone is not sufficient proof or evidence to meet the insurer's burden of proof. Furthermore, the failure of a risk to meet the insurer's underwriting guidelines for the subject property insurance policy does not by itself make that risk "uninsurable" within the meaning of 24-A M.R.S.A. §3049(5) or otherwise.
C. Cancellation of Homeowner or Automobile Policies. In proceedings for the proposed cancellation of homeowner or automobile policies, the insurer must prove that the reason given in the notice of cancellation is both:
The failure of a risk to meet the insurer's underwriting guidelines for the subject property insurance policy does not by itself make that risk "uninsurable" within the meaning of 24-A M.R.S.A. §3049(5) or otherwise.
