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Sharon Calhoon v. Norfolk & Dedham Mutual Fire Insurance Company

Held March 18, 2008 - Docket No. INS-08-2018
Decision Issued: March 24, 2008

The insured requested a hearing to contest the cancellation of homeowners insurance for “changes in property which result in it becoming uninsurable, insured no longer occupies home and home for sale.” The company argued that the property being unoccupied and for sale are changes that render it uninsurable as an HO-3.

Held: For the insured. Neither the cited change in occupancy nor listing the home for sale constitutes a physical change in the property; therefore the changes do not trigger section 3049(5). In addition, the company did not explain how these conditions render the property uninsurable.