First Am. Title Ins. Co. v. Robertson

The Indiana Department of Insurance Commissioner reviewed the practices of First American Title Insurance Company, resulting in the generation of a report. Six weeks after the deadline for taking action regarding the report, the Commissioner called for a hearing and appointed an administrative judge. First American filed a petition seeking judicial review of the Commissioner’s order. The Commissioner moved to dismiss the petition on grounds that First American failed to submit the agency record as required by the Administrative Orders and Procedures Act (AOPA). The trial court denied the Commissioner’s motion to dismiss but also denied First American’s petition for judicial review on grounds that First American failed to show that it was prejudiced by the untimely order. Both parties appealed. On cross-appeal, the Commissioner argued, in part, that First American’s petition for judicial review should have been dismissed because First American did not submit an agency record. The Supreme Court reversed, holding that the trial court erred in declining to grant the Commissioner’s motion to dismiss the petition in light of First American’s failure to file the agency record with the trial court, as a petitioner for review cannot receive consideration of its petition where the statutorily-defined agency record has not been filed. View "First Am. Title Ins. Co. v. Robertson" on Justia Law