First Union Corp. v. State, Department of Insurance & Treasurer

Appellee, the department of insurance (the department), moves to dismiss this appeal arguing that appellant is seeking to improperly collaterally attack a declaratory statement issued by the department. We agree and grant the motion to dismiss.

In 1988, appellant filed with the department a petition for declaratory statement. The department filed the requested declaratory statement on August 5, 1988, and when appellant sought clarification, the department filed an amended declaratory statement on September 2, 1988. The department informed appellant of its right to appeal within 30 days,…