“On April 16, 2010, the OAITA filed a motion for summary judgment in their declaratory judgment action pending against the Ohio Department of Insurance.  The matter known as Ohio Association of Independent Title Agents, et al. v. Ohio Department of Insurance, Case No. 09CVH5-6663 is currently pending in Judge Timothy Horton’s court in the Franklin County Court of Common Pleas.  In the motion, the OAITA argues that the Court should declare Ohio Administrative Code (OAC) Rule 3901-7-04 invalid as it conflicts with the following Ohio Revised Code Sections: §3953.21(B), §3953.25, §3953.26, §3901.21(E), §3933.01 and its own Bulletin known as Bulletin 95-3 which was issued in August of 1995 regarding the marketing practices of title insurance agencies in Ohio.  A decision from the Court on the motion for summary judgment will occur sometime prior to the June, 2010 trial date in the above-captioned case.

A summary judgment motion is a procedural device used by litigants to resolve a lawsuit prior to trial when, as a matter of law, there are no genuine issues of material fact left to be determined by the Court.  There will be more updates on this as the case progresses.  Stay tuned.”

A copy of the complaint is available on the blog.