Insurer entitled to fees, interest in assigned risk dispute: Indiana high court - Business Insurance

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Insurer entitled to fees, interest in assigned risk dispute: Indiana high court - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Insurer entitled to fees, interest in assigned risk dispute: Indiana high court by Louise Esola P/C Insurers , Workers Comp Coverage Mar 18, 2026 The Indiana Supreme Court on Tuesday ruled that an insurer is entitled to recover attorneys’ fees and interest in a long-running workers compensation insurance dispute, affirming a lower court in part and remanding for further proceedings. In Indiana Compensation Rating Bureau v. Technology Insurance Co. , the court held that the insurer properly exhausted administrative remedies and may recover additional costs stemming from a multimillion-dollar claim handled under the state’s assigned risk plan. The case stems from a $2.05 million settlement paid by Technology Insurance Co. on behalf of an employer insured through Indiana’s assigned risk pool, which provides coverage to businesses unable to obtain it in the voluntary market. The insurer sought reimbursement of about $2.86 million, including defense costs, but the Indiana Compensation Rating Bureau denied the claim, alleging misconduct. An administrative law judge later found the denial was improper and ordered full reimbursement. The insurer then sought additional recovery for attorneys’ fees, expenses and interest, which led to further litigation after regulators failed to act on those requests. The high court held that the bureau breached its contractual obligations by refusing reimbursement and that the insurer, as the prevailing party, is entitled to recover fees and interest under the governing agreements. It also found that prejudgment interest was appropriate because the amount owed was fixed and easily calculable, and the bureau delayed payment for several years. On procedure, the court ruled that although the bureau is not a state agency, the insurer was required to follow dispute-resolution steps outlined in the assigned risk plan before seeking judicial review — a requirement it satisfied. The court further held that regulators’ failure to rule on the insurer’s fee request constituted a “final agency action,” allowing the insurer to seek relief in court. The case was remanded to the trial court to calculate and award attorneys fees, interest and expenses incurred during both administrative and judicial proceedings. 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