Financial Consulting, LLC v. Commissioner of Insurance

Summary

The court held that the plaintiffs satisfied the exhaustion prerequisite for seeking declaratory relief under the UAPA because they petitioned the agency for a declaratory ruling and no formal contested case proceeding had begun. The agency’s issuance of second chance notices during an investigation did not commence an administrative proceeding that provided remedies to exhaust. The court also held that the plaintiffs adequately established standing through allegations and affidavits showing a direct threat to their insurance businesses and livelihoods, and it reversed and remanded. Any decision to stay the action under the primary jurisdiction doctrine was left for the trial court to consider on remand.