IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, OHIO OHIO ASSOCIATION OF INDEPENDENT TITLE AGENTS, on Behalf of Itself and Its Members P.O. Box 46390 Cleveland, Ohio 44146 and EAGLE LAND TITLE AGENCY, INC. 2116 Bradenton Avenue Dublin, Ohio 43017 Plaintiffs, vs MARY JO HUDSON, DIRECTOR of OHIO DEPARTMENT OF INSURANCE) 50 West Town Street Third Floor - Suite 300 Columbus, Ohio 43215 Also serve: RICHARD CORDRAY, OHIO ATTORNEY GENERAL 30 E, Broad Street 17" Floor Columbus, Ohio 43215 Defendant. PARTIES CASE NO. JUDGE DECLARATORY AND OTHER INJUNCTIVE RELIEF. 1, Plaintiff, Ohio Association of Independent Title Agents (“OAITA”), on behalf of itself and its members, is an Ohio non-profit corporation consisting of independent Ohio title insurance agents without affiliation to banks, mortgage brokers, and/or real estate companies who are sufferingimmediate or threatened injury as a result of the actions or inactions of the Ohio Department of Insurance (“ODI”), Plaintiff, Eagle Land Title Agency, Inc. (“Eagle”) is an Ohio corporation licensed as a title insurance agency by the ODI, Eagle is subject to all statutes and administrative rules affecting title insurance agencies in Ohio. Defendant, the Honorable Mary Jo Hudson, Director of the ODI is the duly appointed Director of the ODI and is authorized in said capacity by Title 39 of the Ohio Revised Code and the Ohio Constitution, Richard Cordray is the Ohio Attorney General and is being provided a copy of the within Complaint pursuant to Ohio law. JURISDICTION AND VENUE Jurisdiction and venue are proper in this Court pursuant to Ohio Rule of Civil Procedure 3. BACKGROUND FACTS a. The Factual History The Plaintiffs seek an Order from this court declaring that the Director of ODI’s construction and interpretation of OAC 3901-7-04 relative to the business of title insurance is: (a conflict with existing statutory law; (b) in conflict with legislative intent; and (c) otherwise unconstitutional exercises of power not specifically granted to her under the Ohio Constitution. OAITA is a trade association: (a) consisting of members who would otherwise have standing in their own right to contest the actions or10. M. 12, inactions of the ODI Director; and, (b) seeking to protect interests through the filing of this action that are germane to the purposes it was formed, including but not limited to, the protection of Ohio title insurance consumers and independent settlement providers from anti-competitive business practices and the elimination of impediments to a transparent real estate settlement process. Eagle and the members of OAITA are suffering immediate and threatened injury as a result of the allegations contained in this Complaint. At the heart of the current matter is the business of title insurance in Ohio. Title insurance facilitates homeownership by mitigating the risks related to the transfer of real estate ownership for both the buyers and the lenders that finance their purchase. Title insurance is also a critical component of a homeowner's ability to participate in the mortgage refinance process. Title insurance services are designed to afford homeowners, lenders and others with interests in real estate the maximum degree of protection from adverse title claims or risks, The business of title insurance is principally conducted by three distinct groups: (1) licensed title insurance agents; (2) the title agencies appointed by the title insurance companies/underwriters; and, (3) title insurance companies/underwriters, The title insurance industry is highly concentrated, with only four insurer- underwriter groups controlling about 94 percent of the market nationwide.