First American Title Insurance Co. v. Robertson
19 N.E.3d 757
| Ind. | 2014Background
- First American Title Insurance Co. was subject to the Indiana Department of Insurance’s Market Conduct Examination under the Insurance Examination Act, covering 2005–2008.
- A third-party examiner prepared a report dated September 30, 2010, which the Commissioner forwarded to First American; First American submitted a rebuttal on December 10, 2010.
- The Commissioner did not issue an final order within 30 days and extended deadlines; after multiple extensions, the Commissioner issued an order on April 15, 2011 appointing an ALJ for a hearing set for July 12, 2011.
- First American filed a petition for judicial review in Marion Superior Court challenging the April 2011 order as void for being outside the statutory time limit.
- The Commissioner moved to dismiss for failure to file the agency record as required by AOPA; the trial court denied the motion and denied judicial review on prejudice grounds.
- The Court of Appeals affirmed in part and remanded, and on transfer the Supreme Court reverses, adopting a bright-line rule requiring filing of the agency record; documents attached to the petition cannot substitute for the agency record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether exhaustion of administrative remedies affects jurisdiction | First American: exhaustion is not jurisdictional; waiver possible | Commissioner: exhaustion is procedural and jurisdiction not implicatively waived | Exhaustion is procedural and does not affect jurisdiction in this case |
| Whether failure to file the agency record requires dismissal | First American urged attached documents suffice for review | Commissioner urged dismissal for lack of agency record | Bright-line rule: failure to file the agency record requires dismissal |
| Whether attached documents can substitute for the agency record | Attachments suffice to review the challenged order | Attachments do not substitute for the statutory agency record | No substitute; cannot overcome absence of agency record |
Key Cases Cited
- Izaak Walton League of America, Inc. v. DeKalb County Surveyor's Office, 850 N.E.2d 957 (Ind. Ct. App. 2006) (records-defining adequacy of agency record; reliance on adequate record)
- Austin Lakes Joint Venture v. Avon Utils., Inc., 648 N.E.2d 641 (Ind. 1995) (exhaustion of remedies promotes orderly review)
- Turner v. City of Evansville, 740 N.E.2d 860 (Ind.2001) (exhaustion advised for review practicality)
- State Farm Mut. Auto. Ins. Co. v. Moitell, 667 N.E.2d 192 (Ind. Ct. App. 1996) (market conduct examination context; agency powers)
- Uniroyal Inc. v. Marshall, 579 F.2d 1060 (7th Cir. 1978) (administrative record development principles)
- Montgomery v. Bd. of Tax Comm'rs, 730 N.E.2d 680 (Ind. 2000) (statutory rights and administrative review)