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  5. 639 N.E.2d 339 (1994)
 

IND. DEPT. OF INS. v. GOLDEN RULE INS.

No. 49A05-9310-CV-402.

639 N.E.2d 339 (1994)

INDIANA DEPARTMENT OF INSURANCE AND JOHN F. MORTELL, As Commissioner of the Indiana Department of Insurance, Appellants-Defendants, v. GOLDEN RULE INSURANCE COMPANY, Appellee-Plaintiff.

Court of Appeals of Indiana, Fifth District.

Rehearing Denied October 28, 1994.

Attorney(s) appearing for the Case

Pamela Carter, Atty. Gen., Jon Laramore, Deputy Atty. Gen., Indianapolis, for appellants.

Henry J. Price, Price & Barker, Curtis J. Dickinson, Dickinson & Associates, Indianapolis, for appellee.

BARTEAU, Judge.

The Indiana Department of Insurance ("Department") appeals an order of the Marion Superior Court declaring part of its regulations governing the qualification of long term care policies under the Indiana Long Term Care Program ("Program") invalid and enjoining the Department from enforcing the regulation against Life-Based long term care policies. We address the following issues on review:

I. Whether Golden Rule was required to exhaust administrative...

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