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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:  A complaint led to an investigation alleging a title agent made overcharges for title services and failed to properly document the closing services listed on the HUD-1 Settlement Statement.  
Disposition: In lieu of being charged in an administrative complaint, the Department and agent entered into a settlement agreement, wherein she agreed to make full restitution to ten consumers, pay a $1,250 fine, and in the future will only charge the proper amount for title services in addition to properly documenting closing services listed on the HUD-1 Settlement Statement.

Case: An investigation was initiated concerning a bail bond agent who failed to supervise an unlicensed individual under her control and furnished bail bond applications to the individual, which resulted in the employee issuing a collateral receipt.
Disposition: In lieu of  being charged in an administrative complaint, the Department and bail bond agent entered into a settlement agreement which placed her on probation for 12 months, fined her $2,500, and required that she properly supervise unlicensed employees in her bail bond business.

Case: An investigation revealed that  a life, health and variable annuity agent unlawfully rebated a portion of commissions as an inducement to purchase an annuity policy.
Disposition: In lieu of being charged in an administrative complaint, the Department and agent entered into a settlement agreement which placed him on probation for 12 months, fined him $8,000, and required that he will not offer an inducement for purchasing an annuity policy in the future.

Case: An investigation of an insurance agency was conducted on allegations that it was not licensed or registered in Florida.  Furthermore, the unlicensed agency had been advertising itself as an insurance agency and was transacting insurance without an agent-in-charge being present.
Disposition:  A Notice of Intent to Issue a Cease & Desist Order was issued against the unlicensed insurance agency.

Case: A consumer complaint led to an investigation that alleged a life, health and variable annuity agent submitted an application and forms bearing false signatures to an insurance company.
Disposition: In lieu of being charged in an administrative complaint, the Department and agent entered into a settlement agreement which suspended her license for 12 months and required she cease and desist from submitting documents bearing false signatures in the future.

Case: An administrative complaint was filed against a life, health and variable annuity, and general lines agent  alleging she misappropriated funds collected in the normal course of business as a debit agent for an insurance company.
Disposition: The agent failed to respond to the administrative complaint and her licenses were revoked.

Case: An administrative complaint was filed against a title insurance agency alleging failure to submit insurance premiums to the insurer, submitting fraudulent title insurance policies to lenders and borrowers, transacting title insurance business without the proper appointment, and diverting escrow funds collected for document recording fees.
Disposition: The owner (also the agent-in-charge) failed to respond to the complaint and the title agency's license was revoked.  The agent's license was also revoked for the same allegations, and she was prosecuted and sentenced for  felony grand theft.