Corinth Pellets, LLC v. Arch Specialty Insurance Co.

Summary

The Maine Supreme Judicial Court held that 24-A M.R.S. § 2009-A requires a surplus lines insurer to provide written notice at least fourteen days before cancellation or nonrenewal of a policy. The court vacated the dismissal of Corinth Pellets, LLC’s claims concerning fire-loss coverage and remanded for further proceedings, including consideration of the insurer’s constitutional vagueness argument.

Holdings

1. The appeal was properly before the court because the trial court made the specific findings and reasoned statement required for Rule 54(b)(1) certification, and immediate review of the narrow legal issue could substantially resolve the remaining claims.
2. Section 2009-A requires a surplus lines insurer to give written notice of its intent either to cancel a policy or not to renew a policy.
3. The required written notice of nonrenewal must be given at least fourteen days before the effective date of nonrenewal.
4. The court did not decide whether § 2009-A is unconstitutionally vague and left that issue for the trial court in the first instance.

Questions Presented

1. Whether the partial final judgment was properly appealable under Maine Rule of Civil Procedure 54(b)(1).
2. Whether 24-A M.R.S. § 2009-A requires a surplus lines insurer to provide written advance notice when it intends not to renew a policy.
3. Whether the statutory notice deadline for nonrenewal is fourteen days before the effective date of nonrenewal.
4. Whether the statute's interpretation raised a constitutional vagueness issue that should be decided on appeal.

Disposition

vacated