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Judges reinstate administrative order to refund excessive title insurance premiums

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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.

 

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  • 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.

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  1. Bob Leonard killed two people named Jennifer and Dion Longworth. There were no Smiths involved.

  2. Being on this journey from the beginning has convinced me the justice system really doesn't care about the welfare of the child. The trial court judge knew the child belonged with the mother. The father having total disregard for the rules of the court. Not only did this cost the mother and child valuable time together but thousands in legal fees. When the child was with the father the mother paid her child support. When the child was finally with the right parent somehow the father got away without having to pay one penny of child support. He had to be in control. Since he withheld all information regarding the child's welfare he put her in harms way. Mother took the child to the doctor when she got sick and was totally embarrassed she knew nothing regarding the medical information especially the allergies, The mother texted the father (from the doctors office) and he replied call his attorney. To me this doesn't seem like a concerned father. Seeing the child upset when she had to go back to the father. What upset me the most was finding out the child sleeps with him. Sometimes in the nude. Maybe I don't understand all the rules of the law but I thought this was also morally wrong. A concerned parent would allow the child to finish the school year. Say goodbye to her friends. It saddens me to know the child will not have contact with the sisters, aunts, uncles and the 87 year old grandfather. He didn't allow it before. Only the mother is allowed to talk to the child. I don't think now will be any different. I hope the decision the courts made would've been the same one if this was a member of their family. Someday this child will end up in therapy if allowed to remain with the father.

  3. Ok attorney Straw ... if that be a good idea ... And I am not saying it is ... but if it were ... would that be ripe prior to her suffering an embarrassing remand from the Seventh? Seems more than a tad premature here soldier. One putting on the armor should not boast liked one taking it off.

  4. The judge thinks that she is so cute to deny jurisdiction, but without jurisdiction, she loses her immunity. She did not give me any due process hearing or any discovery, like the Middlesex case provided for that lawyer. Because she has refused to protect me and she has no immunity because she rejected jurisdiction, I am now suing her in her district.

  5. Sam Bradbury was never a resident of Lafayette he lived in rural Tippecanoe County, Thats an error.

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