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INDEPENDENT INS. AGENTS OF OHIO, INC. v. FABE

No. 90-2106.

63 Ohio St.3d 310 (1992)

INDEPENDENT INSURANCE AGENTS OF OHIO, INC. ET AL., APPELLANTS, v. FABE, SUPERINTENDENT; OHIO SAVINGS & LOAN LEAGUE ET AL., APPELLEES.

Supreme Court of Ohio.

Decided April 1, 1992.

Attorney(s) appearing for the Case

Agee, Clymer, Morgan & Fulton Co., L. P. A., and Philip Fulton; Jenner & Block, Jonathan B. Sallet and Ann M. Kappler, for appellants.

Vorys, Sater, Seymour & Pease, Suzanne K. Richards and James A. Yano, for appellee Ohio Savings and Loan League.

Jones, Day, Reavis & Pogue, John W. Zeiger and Darrell L. Dreher, for appellee Ohio Consumer Finance Association.

Jeffrey D. Quayle, urging affirmance for amicus curiae, Ohio Bankers Association.

Lee I. Fisher, Attorney General, and Jeanny M. Vorys, urging affirmance for amicus curiae, Ohio Attorney General.

Michael J. Petrucci and Kelly M. Morgan, urging reversal for amicus curiae, Professional Insurance Agents Association of Ohio, Inc.

Means, Bichimer, Burkholder & Baker Co., L.P.A., Craig D. Leister and Amy J. Girvin, urging reversal for amicus curiae, Ohio Association of Life Underwriters, Inc.

QUILLIN, J.

The principal issue in this case is whether R.C. 3905.01(B) and 3905.04 prohibit the licensing of applicants affiliated with non-insurance financial institutions. For the reasons that follow, we hold that the statutes permit such licensing.

I

Background

At the outset it should be recognized that the insurance industry is a mature, highly regulated industry with sophisticated legal and legislative

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