The Pulse
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Volume 2, No. 2 - March 2011   
 
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, variable annuity and legal expense agent alleged that he made a material misrepresentation (fake social security number) on his license application and that he misrepresented his social security number on two separate occasions to an insurer.
Disposition: License revoked.

Case: An investigation of an automobile warranty salesperson alleged that it aided and abetted an unauthorized insurer in the sale of automobile warranty policies, failed to return premiums to insureds, and failed to provide a current business address to the Department.
Disposition: License revoked and shall be responsible for any legitimate requests for premium refunds associated with a policy from the unauthorized insurer.

Case: An investigation of a general lines, life, health and variable annuity agent alleged that he aided and abetted a permanently barred customer representative in the transaction of insurance, which caused the misappropriation of fiduciary funds in excess of $1,600, failed to perform due diligence in attempting to appoint a customer representative, failed to properly supervise the agency, failed to forward premiums to insurers, and failed to return premiums to insureds.
Disposition: License revoked.

Case: An investigation of a life, health and variable annuity agent alleged that he misrepresented the terms and conditions of replacing an annuity policy and failed to submit change of home, business, and mailing address information to the Department.
Disposition: License revoked.

Case: An investigation of a title insurance agent alleged that she aided and abetted an individual in the commission of mortgage fraud by issuing title insurance policies and commitments without doing a proper title (lien) search.
Disposition: License revoked.

Case: An investigation of a life, health and variable annuity agent alleged that he aided and abetted a licensee in the violation of procedures for continuing education courses.
Disposition: License surrendered for 24 months.

Case: An investigation of a public adjuster alleged that she conducted adjusting services prior to obtaining an appointment, failed to include the required fraud statement on the contract, and failed to designate a primary adjuster for her adjusting firm.
Disposition: License surrendered for 12 months.

Case: An administrative complaint was filed that alleged that a life, health and variable annuity agent submitted an application for health insurance to an insurer that contained false information regarding the health status of the applicant by stating the applicant was not pregnant when she allegedly was at the time of application. The proposed insured on the application was the agent's girlfriend at the time and subsequently his wife.
Disposition: License suspended for 12 months.

Case: An investigation of a customer representative alleged that he submitted three insurance applications to an insurer containing the signature and license number of an agent no longer at the agency, transacted insurance away from the agency location, failed to refund money to an insured in a timely manner, and transacted insurance without an appointment.
Disposition: License suspended for 9 months.

Case: An investigation of a surplus lines and general lines agent alleged that he failed to return unearned premium to an insured in a timely manner.
Disposition: Fined $2,500 and probation for 12 months.

Case: An administrative complaint was filed that alleged that a bail bond agent furnished bail bond forms to two unlicensed individuals.
Disposition: Fined $6,000 and probation for six months.