First American Title Insurance Co. v. Stephen Robertson, et al. - 5/1/14

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Thursday  May 1, 2014 
9:00 AM  EST

9 a.m. No. 49S04-1311-PL-732. First American Title Insurance Company petitioned the court for a judgment declaring void the Commissioner of Insurance's decision calling for an investigatory hearing. The Commissioner moved to dismiss the petition. The Marion Superior Court denied both the petition and the motion. The Court of Appeals affirmed in part and reversed in part, concluding the allegation that First American failed to exhaust its administrative remedies raised a procedural rather than a jurisdictional issue; the documents filed by First American, although not the complete agency record, were sufficient to permit judicial review; and the Commissioner's decision was untimely and void. First Am. Title Ins. Co. v. Robertson, 990 N.E.2d 9 (Ind. Ct. App. 2013), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.

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