ILNews

Judges reinstate administrative order to refund excessive title insurance premiums

Back to TopCommentsE-mailPrintBookmark and Share

After finding a trial court exceeded its authority when it reweighed evidence presented to a hearing officer regarding overcharging of title insurance premiums by several agencies, the Indiana Court of Appeals reinstated the administrative order issued by the Indiana commissioner of insurance to refund excessive premiums.

A hearing officer appointed by the Indiana Department of Insurance conducted an investigation into independent non-affiliated agencies operated in the state by Ticor Title Insurance Co. of Florida to see if the company was charging potentially excessive and discriminatory title insurance rates to Indiana customers. The hearing officer found the rates were excessive and discriminatory and ordered Ticor to refund excessive premiums, pay unpaid premium taxes and establish an internal control process to ensure that the appropriate premium is charged to Ticor’s customers.

Ticor sought judicial review, and Marion Superior Judge David Dreyer reversed, finding the hearing officer applied an arbitrary rate-making standard and, therefore, erred when it found Ticor charged premiums or rates that were unfairly discriminatory. Dreyer also found the hearing officer erred when concluding that Ticor failed to properly monitor its non-affiliated operations’ compliance with the Real Estate Settlement Procedures Act and when it included settlement charges in its calculation of Ticor’s premium tax obligation.

Judge Paul Mathias noted that the hearing officer for IDOI and Dreyer applied differing interpretations of the rate statute, I.C. 27-4-1-4(a)(7)(C)(i). The appellate court found IDOI’s interpretation of the statute – that insurers should be charging comparable insurance premiums to insureds purchasing the same amount of title insurance – to be reasonable. Ticor even acknowledged that its agents should have been charging its Indiana customers the same rates for the same amount of title insurance.

The judges found Ticor had actual authority over its agents for the purpose of selling and issuing Ticor’s title insurance policies and that substantial evidence supports the administrative hearing officer’s conclusions.

The judges remanded Stephen W. Robertson, Ins. Comm. of the State of Indiana, on behalf of the Indiana Dept. of Ins. v. Ticor Title Ins. Co. of Florida, n/k/a Chicago Title Ins. Co., 49A02-1110-PL-971, for further proceedings consistent with the opinion.

 

ADVERTISEMENT

  • Just goes to show ya
    I read the case and actually the judges gave deference to the opinion of the insurance department, despite the fact that the insurance department was articulating a completely new interpretation of the statute. This is contrary to most decisions concerning deference issues. Indiana has had very low title insurance rates, but the cost of "gotcha" regulation may very well change that.

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

  2. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  3. I agree. My husband has almost the exact same situation. Age states and all.

  4. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  5. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

ADVERTISEMENT