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 resident general lines agent and her
insurance agency alleged she received applications and premiums
from customers at her agency, failed to remit those applications
and premiums to insurers, made overcharges for premiums, and
provided false documents to customers as proof of policies that
were not in force. This misconduct caused customers to be without
insurance coverage for several months.
Disposition: Licenses revoked of the agent
and agency and both are permanently banned from the
insurance industry. The agent was arrested by the Division of
Insurance Fraud and convicted of Scheme to Defraud and Misuse of
Insurance Funds.
Case: An investigation of a
general lines agent alleged that he issued 17 fraudulent
certificates of insurance and policy declaration pages. The Division
of Insurance Fraud obtained a warrant for his arrest, which he
subsequently was, leading to a felony conviction of Forgery and
Uttering a Forged Instrument.
Disposition: License revoked and
permanently ineligible for licensure.
Case:
An administrative complaint filed against a title insurance
agent and her title agency alleged that she failed to refund $9,000 in trust funds belonging to a
Florida consumer following a real estate purchase that fell through.
Disposition: Licenses revoked of the
agent and her agency.
Case:
An investigation of a life, health and variable annuity
agent alleged that he failed to deliver two policies to an insured,
failed to maintain proper records for the Department's examination
and inspection, and failed to provide a change of home, business,
and mailing addresses to the Department.
Disposition: License revoked.
Case:
An investigation of a customer representative alleged that
he submitted fraudulent wind mitigation inspection forms to an
insurer, created at least three fraudulent wind mitigation
invoices for the purpose of obtaining a fee, and diverted
fiduciary funds collected during the normal course of business.
Disposition: License revoked.
Case: An investigation of a
general lines, life and health agent and his insurance agency
alleged that he mishandled insurance premiums collected in the
normal course of business at the agency, failed to forward premiums
to a finance company and the insurer, and failed to return premiums
to insureds in a timely manner. The agent paid restitution to the
harmed consumer due to the Department's intervention.
Disposition: Licenses suspended for
12 months for both the agent and the agency.
Case: An
investigation of a life, health, variable annuity,
and general lines agent alleged that he knowingly
submitted a fraudulent premium finance contract without
the true signature, knowledge, and consent of the
consumer and failed to provide a current business
address to the Department. The consumer was not
harmed because the fraudulent policy was
subsequently canceled by the insurance company per
the consumer's request.
Disposition: License suspended for
six
months.
Case:
An administrative complaint filed against a life, health and
variable annuity agent alleged that she made all the premium payments on
three life insurance policies she sold and made material misstatements
to the insurer.
Disposition: Fined $25,000 and
license suspended for three months.
Case: An investigation of a
life, health and variable annuity agent alleged that he aided
and abetted in the submission of an annuity contract containing
false information and made an unlawful rebate of premium to an
insured.
Disposition: Fined $7,500 and
probation for 12 months.
Case:
An investigation of a public adjuster alleged he failed to
properly supervise a public adjuster apprentice in the solicitation of
adjusting contracts and submitted an adjusting contract to an insurer which
contained a false signature.
Disposition: Fined $7,500 and
probation for 12 months.
Case:
An investigation of a life, health and variable annuity
agent alleged that he made misrepresentations in the sale of variable
universal life insurance policies and annuities.
Disposition: Fined $7,500 and
probation for 12 months.
Case:
An investigation of a life and variable annuity agent
alleged that he failed to explain material provisions of annuity
contracts sold to seniors. The insurance company returned consumers' premiums due to the Department's intervention.
Disposition: Fined $6,000.
Case:
An investigation of a nonresident general lines agent alleged that
he made a misrepresentation on his application for licensure when he
failed to disclose another state's previous action against him for selling
insurance on behalf of an unlicensed entity.
Disposition: Fined $3,500 and
probation for 12 months.
Case: An applicant for
licensure as a resident insurance agency failed to
disclose on its application that a final judgment was
previously entered against an officer of the agency for failure to
forward over $10,000 in commissions. The
judgment was paid.
Disposition: Fined $3,500 and license
granted.