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COM. LAND TITLE INS. CO. v. ROBERTSON

No. 49A04-1302-PL-84.

5 N.E.3d 394 (2014)

COMMONWEALTH LAND TITLE INSURANCE COMPANY, Appellant-Petitioner, v. Stephen W. ROBERTSON, Insurance Commissioner of the State of Indiana, in his official capacity only and not in his individual capacity, on behalf of the Indiana Department of Insurance, Appellee-Respondent.

Court of Appeals of Indiana.

March 4, 2014.

Attorney(s) appearing for the Case

Todd L. Padnos , Danielle T. Kennedy , Sheppard Mullin Richter & Hampton, LLP, San Francisco, CA, Jan M. Carroll , Sean P. Burke , Barnes & Thornburg LLP, Indianapolis, IN, Attorneys for Appellant.

Thomas E. Wheeler, II , Frost Brown Todd LLC, Indianapolis, IN, Attorney for Amicus Curiae Indiana Land Title Association, Inc.

Steven M. Badger , Leah N. Wilson , Benesch Friedlander Coplan & Aronoff LLP, Indianapolis, IN, Attorneys for Amicus Curiae the Indiana Legal Foundation.

Wade D. Fulford , Indiana Department of Insurance, Gregory F. Hahn , Bryan H. Babb , Kevin M. Quinn , Joel T. Nagle , Bose McKinney & Evans LLP, Indianapolis, IN, Attorneys for Appellee.

Karl L. Mulvaney , Margaret M. Christensen , Bingham Greenebaum Doll LLP, Indianapolis, IN, Attorneys for Amicus Curiae National Association of Insurance Commissioners.

Stephen J. Peters , Harrison & Moberly, LLP, Indianapolis, IN, Attorney for Amicus Curiae United Policyholders.

OPINION

CRONE, Judge.

Case Summary

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 (...

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