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Tuesday, March 04, 2014

Ind. Decisions - Court of Appeals issues 1 today (and 3 NFP)

For publication opinions today (1):

In Commonwealth Land Title Insurance Company v. Stephen W. Robertson, Insurance Commissioner of the State of Indiana, et al, a 33-page opinion, Judge Crone writes:

The Indiana Department of Insurance (“IDOI”) conducted a targeted market examination of Commonwealth Land Title Insurance Company (“Commonwealth”) to determine if it was in compliance with the Indiana Insurance Code. Following the examination, the IDOI issued an order (“the Administrative Order”), concluding that Commonwealth violated Indiana Code Sections 27-4-1-4(a)(7)(C)(i) (“the Rate Statute”), 27-1-3-4 (“the Unsafe Business Practices Statute”), and 27-1-18-2 (“the Gross Premium Tax Statute”), and ordered Commonwealth to take certain actions to cure its violations pursuant to Indiana Code Section 27-1-3.1-11 (“the Cure Statute”). Commonwealth petitioned for judicial review, and the trial court upheld the Administrative Order with one exception.

Commonwealth appeals the trial court’s order, arguing that the IDOI’s determinations that it violated the aforementioned statutes are unsupported by substantial evidence and that the cures the IDOI ordered are not authorized by the Cure Statute. We conclude that Commonwealth fails to carry its burden to show that the IDOI’s determinations are unsupported by substantial evidence and that the cures are not authorized by the Cure Statute. Accordingly, we affirm the trial court’s order. * * *

We conclude that substantial evidence supports the IDOI’s determination that Commonwealth violated the Rate Statute, the Unsafe Business Practices Statute, and the Gross Premium Tax Statute. We further conclude that the cures imposed by the IDOI for Commonwealth’s violations of these statutes are authorized by the Cure Statute. Therefore, we affirm the trial court’s order.

NFP civil opinions today (0):

NFP criminal opinions today (3):

Jermaine Christopher Scott v. State of Indiana (NFP)

Randy L. Madewell v. State of Indiana (NFP)

Marcus Pernell v. State of Indiana (NFP)

Posted by Marcia Oddi on March 4, 2014 10:29 AM
Posted to Ind. App.Ct. Decisions