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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. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  2. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  3. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  4. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  5. Why do so many lawyers get away with lying in court, Jamie Yoak?

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