In 2004-2011, Travelers issued workers compensation policies to Adir Int’l, LLC which contained a reference to a side agreement allowing retroactive recalculation of the premiums. The policies were filed with the Insurance Commissioner, as required; the side agreement was not. When Travelers demanded retroactive premiums, Adir sued for a declaration that the side agreement was illegal and unenforceable since it altered approved insurance rates and hadn’t been filed. Later, Adir also commenced an administrative proceeding before the Insurance Commissioner making the same claim. This decision affirms the Commissioner’s ruling against Travelers, finding that the concurrent exclusive jurisdiction principle did not prevent the Commissioner from ruling on the administrative complaint. It is questionable whether exclusive concurrent jurisdiction applies to simultaneous proceedings in a court and in an administrative agency, but in any event the trial court could decide to defer to the administrative agency under the primary jurisdiction doctrine. And Travelers could not show any prejudice from the Commissioner’s going first.