Section 031-355-7 - Burden of ProofA.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: (1) Based upon a ground for cancellation permitted by 24-A M.R.S.A. §3049; or(2) Both (a) a good faith reason; and (b) related to the insurability of the property that is the subject of the policy. 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: (1) For homeowner policies, a permitted cancellation ground under 24-A M.R.S.A. §3049 or, for automobile policies, a permitted cancellation ground under 24-A M.R.S.A. §2914; and(2) Included as a basis for cancellation under the terms of the subject policy. 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.
02-031 C.M.R. ch. 355, § 7