The Indiana Court of Appeals has reinstated the license suspension of a Plainfield, IN insurance agent based on evidence that he hit a state employee while in the process of having his license renewed.
The insurance agent, Donald L. Emry, denied striking an Indiana Department of Insurance (IDOI) employee. The employee, however, claimed Emry became upset and punched her twice on the forearm on July 25, 2016 after he came to the office to renew his insurance producer’s license. The day after the incident, Emry’s license was suspended on an emergency basis.
In February 2017, a final order was issued that suspended Emry for two years for bad conduct. The order’s findings noted that video footage of the purported incident “does not show the moment the strike occurred because the view is obscured; however, footage shows [Emry’s] arm move in motions that could be interpreted as hand strikes.” The IDOI credited the testimony of the employee in question, as well as a co-worker who – although not present when the incident occurred – corroborated the alleged victim was fearful for her safety after the incident.
However, Emry appealed his suspension to the Hendricks Superior Court, which overturned the decision and reinstated his license. The court found the evidence insufficient for the suspension order.
The Indiana Lawyer reported that an appellate panel reversed the trial court in a memorandum decision – Commissioner, Indiana Department of Insurance v. Donald L. Emry (mem. dec.), 32A05-1712-PL-2996 – just yesterday.
“The facts most favorable to the agency’s decision are sufficient to sustain the decision,” wrote Judge Cale Bradford. “In requesting judicial review by the trial court, Emry effectively asked the trial court to reweigh the evidence, which neither we nor the trial court may do.”
“Emry, therefore, has failed to prove that the agency’s action was invalid,” Bradford added. “The judgment of the trial court is reversed and the suspension of Emry’s license is reinstated.”
