APPLIED UNDERWRITERS CAPTIVE RISK ASSURANCE COMPANY, INC., ET AL. v. TENNESSEE DEPARTMENT OF COMMERCE AND INSURANCE - Articles

All Content

APPLIED UNDERWRITERS CAPTIVE RISK ASSURANCE COMPANY, INC., ET AL. v. TENNESSEE DEPARTMENT OF COMMERCE AND INSURANCE

Posted by: Azya Thornton on Aug 4, 2025

Court: TN Court of Appeals

Attorneys 1: Daniel Olivas, Nashville, Tennessee and Janet Strevel Hayes, Knoxville, Tennessee, for the appellants, Applied Underwriters Captive Risk Assurance Company, Inc.; California Insurance Company; and Continental Indemnity Company.

Attorneys 2: Jonathan Skrmetti, Attorney General and Reporter, J. Matthew Rice, Solicitor General, Pablo Varela, Assistant Attorney General, and Lauren W. Travis, Senior Assistant Attorney General, Nashville, Tennessee, for the appellee, Tennessee Department of Commerce & Insurance.

Attorneys 3: Scott D. Carey, Claire Fox Hedge, and Meg Hancock, Nashville, Tennessee, for the appellee Milan Express Co., Inc.

Judge(s): MCGEE

This appeal arises from a chancery court petition for interlocutory judicial review of an intermediate agency decision in a contested case proceeding before the Tennessee Department of Commerce and Insurance. The petition sought judicial review of the administrative law judge’s denial of a motion to dismiss. The department moved to dismiss the petition for lack of subject matter jurisdiction. The chancery court construed the challenge as a factual challenge to subject matter jurisdiction and determined that an adequate remedy would be available to the petitioners in the form of subsequent judicial review of a final administrative decision. Accordingly, the chancery court granted the motion to dismiss. Petitioners appeal. We affirm.

Attachments: