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Robert and Lori Labonte v. Phenix Mutual Fire Insurance Company

Held March 12, 2008 - Docket No. INS-08-2016
Decision Issued: March 18, 2008

The insured requested a hearing to contest the nonrenewal of a homeowners policy for conditions relating to the condition and occupancy of the insured dwelling. The company’s sworn statement submitted in lieu of appearance at the hearing was not received at least one business day prior to the hearing as required by Bureau of Insurance Rule 355.

Held: For the insured. The parties were clearly advised in the Notice of Hearing and Procedural Order issued on February 19, 2008, that a sworn statement and its attachments submitted in lieu of appearance must be received at least one business day before the hearing. The clerical error by the company by using the wrong state in the address, as well as the incorrect address for US Postal Service delivery, does not constitute good cause that would support a waiver of the rule.