Attorney Joshua Adam Engel of Engel & Martin, LLC has filed a civil rights lawsuit on behalf of American Homeland Title Agency, Inc. against the Commissioner of the Indiana Department of Insurance.
From a press release issued by American Homeland Title:
In the lawsuit, AHT alleges that the Indiana title insurance laws and regulations have been selectively enforced in violation of the United States Constitution by IDOI Commissioner Stephen Robertson. According to the Complaint, IDOI told AHT, “If you guys were not writing this (title insurance) business in Indiana, people in Indiana would be writing it.” This is unconstitutional discrimination against out-of-state title companies in favor of in-state title companies.
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It appears that the IDOI Commissioner has been targeting out-of-state title insurance companies for vigorous enforcement to protect Indiana businesses from competition. . . . Many Cincinnati area title companies have decided that it is too risky to continue to do business in Indiana. A few other major Cincinnati area title companies have made a business decision to cease doing business in Indiana for fear of being targeted next by IDOI.
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John Yonas, AHT’s President, said, “I am aware that several major companies in the Cincinnati area have voluntarily ceased doing business in Indiana as a direct result of the fear of aggressive and selective enforcement by IDOI. These businesses fear that an enforcement action will cause harm to the reputation, goodwill, and business relationships of these companies in Ohio as it has for AHT.”
Engel, who has significant experience in civil rights litigation, said, “IDOI must be aware that their unlawful and discriminatory actions in Indiana are likely to cause, and have caused, harm to companies in Ohio.”