In a legal victory for Attorney General Curtis Hill, the Indiana Court of Appeals on April 24 dismissed claims by a former insurance agent against the Indiana Department of Insurance (IDOI) and the Putnam County Prosecutor’s Office.
In September of 2008, Bradley Buchanan entered into a settlement agreement with IDOI in which he agreed to surrender his license to sell insurance. In exchange, IDOI agreed not to seek any further administrative penalties. As part of the agreement, however, the agency reserved the right to “cooperate with any criminal investigation” that might ensue against Buchanan.
Later, IDOI did in fact cooperate with authorities in a criminal investigation of Buchanan, who ultimately pleaded guilty to a charge of felony theft. Buchanan sued the state, claiming that the IDOI violated the agreement because, he argued, the IDOI not only cooperated in an investigation but was “a driving force” in it. In its decision, the court stated: “We reject Buchanan’s purported distinction.”
Buchanan also sued the Putnam County Prosecutor’s Office, claiming it engaged in various forms of misconduct against him. The appeals court ruled against Buchanan on these claims, as well.
“I am pleased the Indiana Court of Appeals upheld the conclusions previously reached by a trial court,” Attorney General Hill said. “This is a win not only for my office but for the people of Indiana.”
