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Volume 2, No. 8 - November 2013

Case Notes

Bureau of Investigation

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: A Notice of Temporary Suspension was filed against a bail bond agent as a result of his arrest due to one felony charge of Armed Trespass of a Structure and three felony counts of False Imprisonment. He and an unlicensed individual held two women against their will while they attempted to locate a defendant. It was also alleged that after the Notice of Temporary Suspension, the subject participated in the pickup of another defendant, which he was not authorized to do under the suspension order.
Disposition: License revoked and he is permanently ineligible for licensure as a bail bond agent.

Case: An investigation of a title agent, also owner of the title agency, alleged she blatantly bounced checks at closing and failed to disburse funds she collected for several consumers totaling nearly $10,000. Compounding matters, these funds were earmarked for the consumers' property taxes and legal fees.
Disposition: License revoked.

Case: An investigation of a nonresident personal lines agent alleged that he failed to notify the Department of an administrative action against him taken by another state.
Disposition: License suspended for 9 months.

Case: An investigation of a life agent alleged he defrauded an insurance company when he submitted a life insurance application containing numerous misrepresentations. Not only did he submit a life insurance application with forged signatures of a consumer he never met, but he even brazenly used white out to submit a second life insurance application with manipulated dates.
Disposition: License suspended for four months and placed on probation for six months when reinstated.

Case: An investigation of a life, health, and general lines agent was opened when the Department received a complaint from a former employee that reported he was allowing unlicensed employees to transact insurance. A visit to his agency, revealed he was not present, and the office was being run by a licensed customer representative and an unlicensed individual. An agency inspection further revealed that the unlicensed individual was submitting endorsements, and contacting prospective insureds to solicit policies.
Disposition: Fined $5,000 and placed on probation for one year.

Case: An investigation of a life, health, and general lines agent alleged that his insurance agency license expired yet he continued to transact insurance under the agency name despite being warned he may not do so.
Disposition: Fined $4,000 and placed on probation for one year.

Case: An investigation of a bail bond agent who is the owner and primary bail bond agent of a bail bond agency was opened alleging that he allowed bail bond agents in the agency to use threats or coercion to collect on a debt related to the issuance of a bail bond. Additionally, he allowed an unlicensed individual to apprehend a defendant for the agency.
Disposition: Fined $5,000.