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ROBERTSON v. TICOR TITLE INS. CO.

No. 49A02-1110-PL-971.

982 N.E.2d 9 (2012)

Stephen W. ROBERTSON, Insurance Commissioner of the State of Indiana, in his official capacity only and not in his individual capacity, on behalf of the Indiana Department of Insurance, Appellant-Respondent, v. TICOR TITLE INSURANCE COMPANY OF FLORIDA, now known as Chicago Title Insurance Company, successor by merger, Appellee-Petitioner.

Court of Appeals of Indiana.

December 19, 2012.

Attorney(s) appearing for the Case

Wade D. Fulford , Indiana Department of Insurance, Gregory F. Hahn , Bryan H. Babb , Kevin M. Quinn , Joel T. Nagle , Bose McKinney & Evans, LLP, Indianapolis, IN, Attorneys for Appellant.

Jan M. Carroll , Sean P. Burke , Barnes & Thornburg LLP, Indianapolis, IN, Todd L. Padnos , Danielle T. Kennedy , Sheppard Mullin Richter & Hampton, LLP, San Francisco, CA, Attorneys for Appellee.

Karl L. Mulvaney , Margaret M. Christensen , Bingham Greenebaum Doll LLP, Indianapolis, IN, Attorneys for Amicus Curiae.

OPINION

MATHIAS, Judge.

The Insurance Commissioner of the State of Indiana initiated administrative proceedings against Ticor Title Insurance Company of Florida ("Ticor") after an investigation revealed that Ticor was charging potentially excessive and discriminatory title insurance rates to its Indiana customers. A hearing was held and a hearing officer for the Indiana Department of Insurance ("the IDOI") determined that Ticor's title insurance rates were...

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