Volume 3, No. 2 - March 2012

Case Notes

The following are instances in which licensees or other persons violated the Florida Insurance Code and the administrative action the department has taken against them.
Note: All administrative investigations are subject to referral to the Division of Insurance Fraud for criminal investigation.

Case: An investigation of a general lines agent alleged that she misappropriated premiums from five Florida law firms intended for premium payments on professional liability insurance policies and fraudulently financed the premiums while retaining the law firms' payments for her own use.
Disposition: License revoked. The Division of Insurance Fraud arrested her and she has pending felony charges.

Case: A Notice of Intent to Issue a Cease and Desist Order was filed against an individual who allegedly transacted insurance without a license when he collected $238 from a consumer for a health insurance policy he never procured.
Disposition: Cease and Desist Order enetered. The Division of Insurance Fraud arrested him and he was convicted of felony Scheme to Defraud.

Case: An investigation of a general lines agent alleged that he misappropriated fiduciary funds, submitted a premium finance contract without the insured's knowledge, consent or true signature, failed to forward premiums to insurers, failed to return unearned commissions, and failed to provide a change of address to the Department.
Disposition: License revoked.

Case: An investigation of a general lines agent alleged that she aided and abetted unlicensed individuals in the sale of automobile insurance and offered unlawful inducements for the sale of automobile insurance.
Disposition: License suspended for 2 years.

Case: An investigation of an insurance agency alleged that a representative of the agency submitted wind mitigation forms to an underwriter that contained misrepresentations and false signatures, collected an amount above the applicable premiums for insurance, failed to refund premiums due to the insured, and failed to appoint customer representatives in a timely manner.
Disposition: License suspended for 12 months.

Case: An investigation of a general lines agent alleged that he knowingly operated an insurance agency that was not licensed.
Disposition: License surrendered for 2 years.

Case: An investigation of an insurance agency alleged that the owner of the agency failed to have a full-time agent in charge of the agency.
Disposition: License surrendered for 2 years.

Case: An investigation of a title insurance agent alleged that she submitted title insurance applications with no surety bond in place, charged separate line items that are part of the closing fee, failed to maintain proper records, and failed to provide a change of business address to the Department.
Disposition: License surrendered for 2 years.

Case: An administrative complaint filed against a bail bond agent alleged that she solicited bail bond business on the grounds of a jail by distributing or providing a business card and/or other written information to a defendant without a request initiated by the defendant or a potential indemnitor on his or her behalf.
Disposition: License suspended for four months and must complete at least three hours of additional continuing education courses in the area of ethics.

Case: An investigation of a general lines agent alleged that he allowed others to sign his name on insurance applications and endorsements and failed to properly supervise an agency and customer representatives under his control.
Disposition: Fined $2,500 and placed on probation for one year.

Case: An investigation of a life and health agent alleged that he knowingly placed advertisements before the public containing misleading information and failed to obtain insurer approval on advertisements.
Disposition: Fined $1,500.

Case: An applicant for licensure as a life and health agent failed to disclose prior administrative history on his application. The applicant's previous license was revoked for failing to disclose a pending misdemeanor charge on his prior application for licensure. The charge did not result in a conviction.
Disposition: Fined $1,500 and license granted.

 

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