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Volume 1, No. 8 - November 2010
 
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 life including variable annuity and health agent alleged that he misrepresented the terms and benefits of an annuity sold to a blind senior citizen and failed to pay over $25,000 to an insurer on his account representing return commissions and charge backs.
Disposition: License suspended for 15 months plus restitution.

Case: An investigation of an individual alleged that he was advertising public adjusting services without holding any license.
Disposition: Ordered to cease and desist; fined $5,000.

Case: An investigation of a title insurance agent and agency alleged that she misappropriated escrow funds, failed to forward premiums to an insurer, failed to disburse according to the HUD-1 Settlement Statement, and failed to properly reconcile the escrow account.
Disposition: Licenses revoked.

Case: An investigation of a customer representative and an insurance agency alleged that the customer representative submitted a fraudulent insurance agency application, transacted insurance business without an appointment, issued insurance applications containing misleading information, failed to license the agency in a timely manner, and failed to appoint an agent in full-time charge of the agency.
Disposition: Licenses revoked and she is permanently barred.

Case: An investigation of a general lines, life and health agent alleged that he failed to return unearned premiums of over $1,100 to an insurer, issued a false certificate of insurance, misappropriated fiduciary funds in excess of $20,000, and failed to submit a change of address to the Department.
Disposition: License revoked and is permanently barred.

Case: An investigation of a life including variable annuity and health agent alleged that he submitted forms to an insurer which contained false signatures.
Disposition: License suspended for nine months.

Case: An investigation of a bail bond agent alleged that he failed to timely return $450 of unearned premium to an indemnitor and failed to timely designate a primary bail bond agent.
Disposition: Probation for 12 months; fined $5,000.

Case: An investigation of a general lines and health agent alleged that he charged unnecessary fees to the benefit of an agency officer and submitted a certificate of insurance containing incorrect information.
Disposition: License suspended for six months; fined $2,500; probation for 12 months.

Case: An investigation of a life, health, general lines agent and independent adjuster alleged that he misappropriated fiduciary funds in excess of $13,000 and submitted premium finance documents without the knowledge, consent, and true signature of the insured.
Disposition: License suspended for 18 months; restitution of $7,183.94; probation for 12 months.