First American Title Insurance Company v. Stephen W. Robertson, Insurance Commissioner of the State of Indiana, in His Official Capacity, on Behalf of the Indiana Department of Insurance

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Questions Presented

1. Whether the Supreme Court should grant rehearing because its prior summary affirmance of the Court of Appeals' statements that the Commissioner's hearing order was untimely and void conflicted with its judgment reversing the trial court for failing to dismiss First American's petition for lack of an agency record.
2. Whether the prior opinion should otherwise remain affirmed.

Holdings

1. The Court granted rehearing and deleted the first clause of footnote three, which had summarily affirmed the portion of the Court of Appeals opinion declaring the Commissioner's hearing order untimely and void.
2. In all other respects, the original opinion was affirmed.

Key quotations

Factual background

First American sought judicial review of an Indiana Department of Insurance order but did not file the agency record as required by the Administrative Orders and Procedures Act. Instead, it filed papers supporting its contention that the agency order was void. The Commissioner moved to dismiss for lack of an agency record, but the trial court denied the motion.

Procedural history

First American sought judicial review of an agency order but did not file the agency record required by the Administrative Orders and Procedures Act. The Marion Superior Court denied the Commissioner's motion to dismiss, and the Court of Appeals affirmed in part while declaring the agency order untimely and void. On transfer, the Indiana Supreme Court reversed based on the missing agency record and summarily affirmed other portions of the Court of Appeals opinion. On rehearing, the Supreme Court concluded that its summary affirmance of the order's timeliness and validity was inconsistent with its judgment and deleted that clause from footnote three, affirming the original opinion in all other respects.