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VOL 12, NO. 2
AUGUST 2002 - MAY 2003
PUBLICATION FOR AGENTS AND ADJUSTERS FROM
THE STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES
Tom Gallagher
Chief Financial Officer
Introducing state-of-the-art new education system
T
he
Department
of Financial
Services has
created an
innovative
new database
that will
provide
licensed
insurance
agents with
easy access to current information
on continuing education courses as
they are offered and completed.
that will track pre-licensing
and continuing education of
insurance agents. With this new
automated paperless system,
we are cutting the time needed
to process education-related
documents by more than half,
and we can respond to database
users in fewer than five days.
Insurance education providers
are required to use the new
online database to offer
courses. They will provide an online
roster of applicants or licensees
who have successfully completed
courses. Prospective and licensed
The Agent Education Database is insurance agents can easily search
a state-of-the-art Web-based system the system to see what courses are
offered. Licensed agents can view
their transcripts to confirm that they
are in compliance with continuing
education
requirements.
Most
agents are required to take 28 hours
of continuing education courses.
The database is designed to
automatically send letters to agents
advising them whether they are in
compliance with their continuing
education requirements and offering
course options if they are not. Any
agent who does not comply with
statutory continuing education
requirements will lose the ability to
work in the insurance industry.
(Continued on page 2)
What’s Inside:
New Education System . . . . . . . . . . . . . . . . 1,2
Small Employer Health Benefits
........
6
Case Notes
Title Insurance . . . . . . . . . . . . . . . . . . . . . . . .
6
........................
2
Compliance Corner . . . . . . . . . . . . . . . . . . . .
3
Rehabilitation and Liquidation . . . . . . . . . . . .
3
Unauthorized Entities
................
4
Premiums and Criminal Penalties . . . . . . . .
4
Certificates of Insurance . . . . . . . . . . . . . . . .
5
Division Phone Numbers
................
5
Notice about Addresses . . . . . . . . . . . .
Certificates of Deposit
1
New Companies
. . . . . . . . . . . . . . . . . . . . 7,8
New Insurance Regulator
............
8
Disciplinary Actions . . . . . . . . . . . . . . . . . . . . 9,10
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(Continued from page1)
Financial support for this project comes from the
Insurance Commissioner’s Regulatory Trust Fund, which
is funded by insurance agent licensing and appointment
fees, disciplinary fines and other industry-generated
revenues. No general revenue funding is utilized.
department’s Internet site at https://dice.fldfs.com/
public/pb_index.asp .
The Agent Education Database is available on the
Tom Gallagher is Florida’s chief financial officer.
Questions? Contact the department’s education section
Monday through Friday between the hours of 8 a.m. and
5 p.m. at 850-413-3134, ext. 1108.
Case Notes
CASE: The Bureau of Investigation conducted an
investigation of a licensed public adjuster and alleged
that he signed a contract agreeing to compensate
an unlicensed person with 15 percent of his
commissions.
DISPOSITION: The department entered into a
CASE: A licensed life, health and variable annuity Settlement Stipulation for Consent Order with the
agent pocketed nearly $119,000 in premiums after adjuster. The settlement provides for a $6,000 fine
canceling an insurance policy without the owner’s and 12 months probation. In the practice of public
knowledge. He continued to collect premiums for
adjusting in this state, no adjuster shall share
eight years after he canceled the policy.
any commissions that they earn with unlicensed
DISPOSITION: The agent voluntarily surrendered
persons.
his insurance licenses. In addition to this
administrative action, the agent was convicted of CASE: A licensed bail bond agent allegedly used
grand theft and the sale of unlicensed insurance advertising that did not include his address of record
because he accepted the risk of paying any claims and that was misleading because it contained the
that may have been filed after he let the policy lapse.
name of persons not licensed by the department.
He was placed on three years probation and ordered
DISPOSITION: The agent agreed to pay a $1,000
to pay $40,000 to a victims’ restitution fund. He was
also ordered to pay another $15,000 in fines, court fine and will immediately cease and desist from
using advertising that does not bear his address of
and investigative costs.
record; from using advertising that bears the names
CASE: The department filed a three-count of persons not licensed by the department; and from
administrative complaint alleging that a life, health using advertising indicating that he has offices in
and general lines agent engaged in a scheme to cities without listing the addresses for those offices.
defraud premium finance companies, and aided
CASE: A customer representative misappropriated
and abetted an unlicensed entity in the transaction
of insurance. It is alleged that the agent completed or converted insurance premiums collected from
premium finance agreements in the names of people insurance consumers in the regular course of
for whom no insurance coverage was obtained or business. The department served an administrative
completed premium finance agreements in the name complaint upon the customer representative and
also placed notice by publication. The customer
of fictitious, nonexistent persons.
DISPOSITION: In lieu of a hearing, the agent representative failed to respond to these charges or to
entered into a Settlement Stipulation for Consent request a proceeding within the time required by law.
Order, agreeing that he would surrender his license, DISPOSITION: The allegations set forth in the
and such surrender would have the same force and administrative complaint and the evidence obtained
effect of a revocation. The agent is permanently in the investigation constituted sufficient grounds to
ineligible for licensure by the department.
revoke this customer representative’s license.
The following are instances in which licensees
or other persons violated the Florida Statutes or
administrative rules governing insurance activities.
Below are the administrative actions the department
has taken against them.
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Compliance Corner
he following are areas of concern in
which we continue to see a pattern
of noncompliance. This section has
been created as a reminder to assist
you in keeping your insurance business
in compliance. The items listed are
intended to be reminders only and
are not the exact text of the Florida
Statutes. The statute cites have been
provided for your reference. To read the
exact text of the statutes online, go to
www.flsenate.gov/statutes/.
Fees
To the extent that an agent is not
otherwise compensated, he or she
may charge fees for obtaining motor
vehicle reports for each licensed driver.
However, the agent may not charge
more than the actual cost of obtaining
the reports. 627.7295(5)(b), Florida
Statutes.
Notification
Every licensee shall notify the
department in writing within 60 days
after a change of name, residence
address, principal business street
address or mailing address. 626.551, F.S.
Address changes may be made online
at https://aalf.fldfs.com/.
Forms
The designation of supervising agent for
A
customer representatives and limited
customer representatives is not required
to be filed with the Department of
Financial Services. However, forms must
be kept current and maintained at the
agency location to be produced when
requested by department personnel.
The designation of
supervising agent is
not the appointment
form.
The appointment
form
must
be
filed
with
the
department.
Primary agent and
adjuster designation
forms only need
to be filed with the
department upon
the inception of an
agency
location
and when there is a change in the
designated primary agent, agency name
or address.
Securities
Licensees who sell an unregistered
security, which is required to be
registered, pursuant to Chapter 517, F.S.,
subject their licenses to suspension or
revocation. 626.611 (16), F.S.
Customer Representatives
All licensed customer representatives
must be appointed by either a duly
licensed and appointed general lines
agent or a general lines insurance agency.
The agent signing the appointment form
will be designated to supervise the work
and the conduct
of the customer
representati ve
while
that
person conducts
the
business
of
insurance.
A
customer
representati ve
can only be
appointed by one
agent or agency
at any one time.
626.7353, F.S.
Advertising
Life and health
advertising must have the prior approval
of the benefiting insurance company
before being disseminated. Any
advertisements approved by the insurer
should be used exactly as approved.
Applications
When signing an application all agents
must also affix their agent license ID
number. 627.4085, F.S.
Company Rehabilitations and Liquidations
ries Insurance Company (“Aries”) consented to and was placed into liquidation by the Circuit Court of Leon County,
Florida, on November 14, 2002. The Florida Department of Financial Services, Division of Rehabilitation and Liquidation,
is the court-appointed Receiver of Aries Insurance Company. Aries was previously placed into receivership for the purposes of
rehabilitation on May 9, 2002.
Underwriters Guarantee Insurance Company (“UGIC”) is a Florida domestic property and casualty insurance
company. On November 6, 2001, UGIC was placed into receivership for the purpose of rehabilitation by order of the Second
Judicial Circuit Court in Leon County, Florida. The Florida Department of Financial Services, Division of Rehabilitation and
Liquidation, is the court-appointed Receiver.
Pursuant to a court order, Manatee Insurance Company, f/k/a Rumger Insurance Company was discharged on
October 31, 2002. To claim funds, contact the department at (888) 258-2253 (Florida residents only).
Refer any questions to our consumer hotline at (800) 882-3054 or browse the Internet site, www.fldfs.com/Receiver/.
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Unauthorized Entities
he Department of Financial Services has been fighting hard
against unauthorized entities in this state. Since February 2001,
department investigations have led to shutting down 11 unauthorized
entities, initiating administrative actions against about 80 insurance
agents, and filing criminal charges against six operators or marketers
of unauthorized entities.
for unpaid claims. This is punishable by up to five years in prison.
The department also has unveiled a new Internet page that
highlights efforts in fighting unauthorized entities. The new page,
titled “Verify Before You Buy,” offers tips and information that agents
and consumers may use to protect themselves from this kind of
fraud. (The page is located off of the department’s main page,
www.fldfs.com, under the Consumer section.)
More than 30,000 Floridians have reported being left with unpaid
claims as a result of being duped, many by their agents, into buying
coverage from unauthorized entities. Because these entities are not
licensed in Florida, there are no assurances of their ability to pay
claims. In an effort to combat unauthorized entities, the department
recently has conducted unannounced examinations at agent offices
in Pensacola, Jacksonville, Orlando, Tampa, Fort Lauderdale and
Miami.
By checking to make sure they are dealing with a licensed company,
agents and consumers can protect themselves from financial
devastation. The department’s goal is to take the swiftest action
possible against scam operators. The department will not tolerate
the selling of false security to Floridians.
Agents and consumers will be able to use the new page on the
department’s Web site to make sure a company is licensed in
Florida, file a complaint or find tips on how to avoid possible
unlicensed activity. In addition, information is available on entities
that have been shut down for selling unauthorized insurance in
Florida. Names of agents who have had administrative charges filed
against them for selling bogus insurance policies are also posted
on the Web site. Agents can also find courses and information on
unlicensed insurance on the site.
The department also continues to file Administrative Complaints
against Florida insurance agents, charging them with selling policies
for unauthorized entities. Administrative actions issued recently
charge agents throughout Florida who sold policies for various
unauthorized entities already shut down by the department. These
include Physicians Exchange, Employers Mutual, Vanguard and TRG
Marketing Group whose principals were arrested earlier this year on
felony charges of transacting insurance without a license in Florida.
Dozens of agents around Florida are now facing disciplinary action
against their licenses for selling bogus policies.
In addition to the Web site, consumers may continue to call the
Department of Financial Services’ Helpline at 1-800-342-2762 to
verify licensure of any insurance company or agent. The Helpline is
available Monday through Friday from 8 a.m. to 7 p.m.
Under Florida law, if an unauthorized insurer fails to pay claims,
agents who sold the unauthorized coverage may be held responsible
Premiums Could Determine Degree of Crime
S
enate Bill 1694, know as the “Pete
Orr Insurance Anti-Fraud Act,”
was recently passed by the Florida
Legislature. It will increase the
criminal penalties against those who
aid and abet unauthorized insurers.
This bill will enable the degree of the
felony to be determined by the total
amount of premiums collected by the
person who sells the unauthorized
plan of insurance. A person who
collects premiums that are less than
$20,000 would be charged with a
third-degree felony. An agent who
collects premiums from $20,000 to
$100,000 will face a second-degree
felony. An individual who collects
premiums that exceed $100,000 will
be charged with a first-degree felony.
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The minimal mandatory sentences
imposed by this bill are one year, 18
months and two years, respectfully.
The bill also provides a mechanism
whereby any person damaged
may bring a civil action against the
unauthorized insurer.
This bill also increases the criminal
penalty from misdemeanor to thirddegree felony for anyone who violates
a Department of Financial Services’
order. It removes parties affiliated
with licensees from any affiliation or
participation in a licensee’s business
affairs. Furthermore, any licensee
who has had his or her license
revoked or suspended and violates
such an order commits a felony of
the third degree.
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This bill clearly demonstrates
the department’s commitment to
pursuing those who continue to
place Florida consumers at risk by
marketing insurance contracts on
behalf of entities not authorized to
conduct business in our state.
Increasing the penalty for violation
of a department order from a
misdemeanor to a third-degree
felony sends a strong message that
this department is determined to
ensure that affected parties comply
with removal, suspension and
revocation orders.
This bill is scheduled to become law
on July 1, 2003.
INFORMATIONAL MEMORANDUM
OIR-03-003M
ISSUED
February 21, 2003
Office of Insurance Regulation
Kevin M. McCarty
Director
All Property and Casualty Companies
Certificates of Insurance
The purpose of this Memorandum is to address the improper practice of modifying certificates of insurance. It has been brought to
the attention of the Office of Insurance Regulation that some individuals or entities may be printing or altering certificates of insurance
to incorporate “hold harmless” agreements or other types of clauses in an attempt to modify the terms or conditions of the underlying
insurance policy.
Certificates of insurance generally serve only as evidence of insurance in lieu of an actual copy of an insurance policy. An insurer is under no
obligation to abide by any certificate of insurance which has been modified by any person or entity which does not have actual or apparent
authority to do so. Distribution of a certificate of insurance which has been modified without authorization and which purports to alter the
provisions of the underlying policy, misrepresents the conditions or terms of the insurance policy in violation of Section 626.9541(1)(a)1,
Florida Statutes, thereby subjecting the person or entity modifying the certificate to license discipline and administrative fines.
Insurers are requested to notify their agents regarding this Memorandum.
If you have any questions regarding this Memorandum, please contact Richard Koon, Senior Management Analyst Supervisor, Bureau of
Property and Casualty Forms and Rates at (850) 413-5346.
INFORMATIONAL BULLETIN
02-006
ISSUED
November 20, 2002
Florida Department of Insurance
Tom Gallagher
Treasurer, Insurance Commissioner and Fire Marshal
All General Lines and Life and Health Insurance Agents in the State of Florida
Certificates of Deposit Issued by Certain Financial Institutions
This notice presents a summary of certain legislative changes enacted in the 2002 Regular Session of the Florida Legislature. This notice
is not intended to be a comprehensive analysis of all bills that may be of interest or importance to your company. Some legislation may
require action on the part of companies or licensees to ensure compliance. You are encouraged to review specific bills, found by legislative
bill number, at http://www.leg.state.fl.us
The purpose of this Bulletin is to inform general lines and life insurance agents of a new law recently adopted by the Florida Legislature.
This law (Section 517.12 (20), Florida Statutes) affects insurance agents who sell or would like to sell certificates of deposit issued by certain
financial institutions.
Under current Florida law, no dealer or associated person may offer or sell a security to persons in this state, by mail or otherwise, unless the
person has registered with the Florida Department of Banking and Finance. The definition of “security” includes certificates of deposit.
The new law specifically exempts licensed general lines insurance agents and life insurance agents from the registration requirements
for the sale of a certificate of deposit if the agent is directly authorized by a federally chartered savings bank, regulated by the Federal
Deposit Insurance Corporation, to offer or sell a certificate of deposit issued by the bank. The sale of any other security would still require
registration.
This new law also provides that selling certificates of deposit is conduct that comes under the authority of the agent’s insurance license.
Therefore, an agent is subject to investigation and discipline by the Department of Insurance for activities related to the sale of certificates
of deposit.
The Department of Insurance and the Department of Banking and Finance, are in the process of adopting rules to provide guidelines for
agents to follow when engaged in the sale of bank certificates of deposit. The focus of the rules will be to provide protection to consumers
from unfair or deceptive sales practices. The Department of Insurance will file administrative charges against any agent found to be in
violation of the rules of either Department.
For further information, contact Jerry Whitmore, Chief of the Bureau of Agent and Agency Investigations, (850) 413-5600.
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INFORMATIONAL MEMORANDUM
DFS-03-001M
ISSUED
March 6, 2003
Department of Financial Services
Tom Gallagher
Chief Financial Officer
All Carriers Offering Health Benefit Coverages
In June, 2002, Chief Financial Officer (CFO) Tom Gallagher appointed a Small Employer Health Benefit Plan Committee (Committee)
in accordance with Section 627.6699(12)(a)4, Florida Statutes, to submit recommended modifications of the Standard and Basic Health
Benefit Plans (Plans) to the Department of Financial Services (Department) for approval.
The purpose of this Informational Memorandum is to advise you that CFO Gallagher has approved the new Plans based on the Committee’s recommendations. The effective date of these Plans is April 1, 2003.
These revised Plans are available at the Department’s website at www.fldfs.com.
Companies are directed to take appropriate action to make these revised Plans available as required by Sections 627.6699(15), 627.6675(1)
and 641.3922(10), F.S.
Questions regarding this may be directed to Richard A. Robleto, Chief of the Bureau of Life and Health, Forms and Rates of the Office of
Insurance Regulation. Mr. Robleto may be contacted by email at robletor@dfs.state.fl.us or, by phone, at (850) 413-5110.
INFORMATIONAL BULLETIN
OIR-03-001
ISSUED
February 26, 2003
Office of Insurance Regulation
Kevin M. McCarty, Director
Florida Department of Financial Services
Tom Gallagher, Chief Financial Officer
All Insurance Companies and Agents Transacting Title Insurance in the State of Florida
The following practices have been identified by the Department of Financial Services and the Office of Insurance Regulation which, if
performed as an inducement for the referral of title insurance business, may result in the initiation of disciplinary or other administrative
proceedings:
• Printing or paying for the printing of bulletins, flyers, post cards, labels, etc. for realtors and/or real estate salespersons to
promote their listings;
• Furnishing or paying for the furnishing of office equipment (fax machines, cellular telephones, copy machines, etc.) to
realtors and/or real estate salespersons and mortgage brokers;
• Providing or paying for cellular telephone minutes for realtors and/or real estate salespersons and mortgage brokers;
• Providing simulated panoramic home and property tours to realtors and/or real estate salespersons which they in turn utilize
in order to promote their listings;
• Providing or paying for gas cards to realtors and/or real estate salespersons and mortgage brokers;
• Sponsoring and hosting or paying for the sponsoring and hosting of open houses for realtors and/or real estate salespersons
to promote their listings;
• Providing or paying for food or beverages at events designed to promote realtors’ and/or salespersons’ listings;
• Paying advertising costs to advertise and promote the listings of realtors and/or real estate salespersons in periodicals or
publications identifying property which is for sale;
• Paying realtors and/or real estate salespersons to fill out processing (order) forms in exchange for contracts;
• Entering into affiliated business arrangements in an attempt to provide kickbacks to builders, realtors and/or real estate
salespersons or mortgage brokers.
The giving of an inducement, or a thing of value, in return for the referral of title insurance business is a violation of Section 626.9541(1)(h)3,
Florida Statutes, and the rules of the Department. In particular, Rule 4-186.003(11)(c), Florida Administrative Code, states “any ongoing or
standing offer of gifts, compensation or special services to the same person or customer on a continuing basis as an inducement to referring
title insurance transactions is prohibited.” Violations of these prohibitions will be vigorously pursued.
It should be noted, however, that Section 626.9541(1)(m), Florida Statutes, provides that a licensed title insurer or its agent may give an
article of merchandise for the purpose of advertising. Examples would include such items as a coffee mug or an umbrella with the insurer’s
or agent’s name, logo, address, telephone number. However, the value of the article may not exceed $25.00. If you have questions or need
additional information, contact Barbara A. Owens, Financial Examiner/Analyst Supervisor, Bureau of Agent and Agency Investigation/Title
Section, at (850) 413-2578.
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New Companies and Acquisitions
(June 20, 2002 to February 28, 2003)
The acquisition of American Pioneer Life Insurance
Company by American Exchange Life Insurance Company
was approved on September 6, 2002. Lines of business:
Life, Group Life and Annuities, Credit Life/Health, Credit
Disability, Accident and Health. Address: 600 Courtland
Street, Orlando, FL 32804-1332.
LTC Risk Retention Group, Inc., was approved on
January 30, 2003. Lines of business: Reinsurance, Medical
Malpractice, Other Liability. Address: 315 S. Calhoun Street,
Suite 300, Tallahassee, FL 32301-1837.
The acquisition/merger of Mapfre Insurance Company
of America, Inc. into Mapfre Insurance Company
of Florida was approved on January 24, 2003. Lines of
business: Fire, Allied Lines, Farmowners Multi Peril,
Homeowners Multi Peril, Commercial Multi Peril, Inland
Marine, Auto Warranties, Medical Malpractice, Earthquake,
Workers Compensation, Other Liability, Prepaid Legal,
Private Passenger Auto Liability, Commercial Auto Liability,
Private Passenger Auto Physical Damage, Commercial
Auto Physical Damage, Aircraft, Fidelity, Surety, Bail Bonds,
Glass, Burglary and Theft, Boiler and Machinery, Industrial
Fire, Mortgage Guaranty, Credit Disability, Accident and
Health, Industrial Extended Coverage, Mobile Home Multi
Peril, Mobile Home Physical Damage, Home Warranties,
Service Warranties (Non-Auto). Address: 6101 Blue Lagoon
Drive, Suite 200, Miami, FL 33126-2049.
The merger of DeSoto Insurance Company into DeSoto
Prime Insurance Company was approved on October 10,
2002. Lines of business: Fire, Allied Lines, Homeowners
Multi Peril, Other Liability. Reinsurance: Mobile Home Multi
Peril, Mobile Home Physical Damage. Address: 2473 Care
Drive, Suite 201, Tallahassee, FL 32308-9815.
Fidelity National Insurance Company was approved
on December 18, 2002. Lines of business: Fire, Allied
Lines, Farmowners Multi Peril, Homeowners Multi Peril,
Private Passenger Auto Liability, Private Passenger Auto
Physical Damage. Address: 4050 Calle Real, Suite 290,
Santa Barbara, CA 93110-3413.
The acquisition of First Protective Insurance
Company by PWC Financial, Inc., was approved on August
13, 2002. Lines of business: Fire, Allied Lines, Homeowners
Multi Peril, Other Liability, Mobile Home Multi Peril, Mobile
Home Physical Damage. Address: P.O. Box 952709, Lake
Mary, FL 32795-2709.
Minnesota Lawyers Mutual Insurance Company
was approved on November 14, 2002. Line of business:
Other Liability. Address: 333 South 7th Street, Suite 2200,
Minneapolis, MN 55402-2451.
NGL American Life Insurance Company was
approved on October 24, 2002. Lines of business: Life,
Group Life and Annuities, Accident and Health. Address:
P.O. Box 1031, Madison, WI 53701-1031.
Florida Preferred Property Insurance Company
was approved on February 13, 2003. Lines of business: Fire,
Allied Lines, Homeowners Multi Peril, Commercial Multi
Peril, Inland Marine, Other Liability, Private Passenger Auto
Liability, Private Passenger Auto Physical Damage, Mobile
Home Multi Peril, Mobile Home Physical Damage. Address:
511 West Bay Street, Suite 400, Tampa, FL 33606-2700.
The acquisition/merger of Paramount Dental Plans,
Inc., with Safeguard Health Enterprises, Inc. was approved
on August 27, 2002. Lines of business: Dental Service Plan
Corporation, Prepaid Limited Health Service Organization.
Address: P.O. Box 18406, Tampa, FL 33679-8406.
On August 12, 2002, the Department approved
Insurance Company of the Americas acquisition
by IPA Acquisitions, Inc. Lines of business: Fire, Allied
Lines, Farmowners Multi Peril, Homeowners Multi Peril,
Commercial Multi Peril, Inland Marine, Earthquake,
Workers Compensation, Other Liability, Private Passenger
Auto Liability, Commercial Auto Liability, Private Passenger
Auto Physical Damage, Commercial Auto Physical Damage,
Aircraft, Surety, Industrial Fire, Industrial Extended
Coverage, Mobile Home Multi Peril, Mobile Home Physical
Damage, Multi Peril Crop. Address: P.O. Box 750, Oriskany,
NY 13424-0750.
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Physicians Insurance Company was approved on
February 26, 2003. Line of business: Medical Malpractice.
Address: 225 NE Mizner Blvd., Suite 680, Boca Raton, FL
33432-4080.
Platinum Underwriters Reinsurance, Inc. was
approved as a property and casualty insurer on October
14, 2002. Lines of business: Reinsurance: Fire, Allied
Lines, Farmowners Multi Peril, Homeowners Multi
Peril, Commercial Multi Peril, Ocean Marine, Medical
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Malpractice, Earthquake, Workers’ Compensation, Other
Liability, Private Passenger Auto Liability, Commercial
Auto Liability, Private Passenger Auto Physical Damage,
Commercial Auto Physical Damage, Aircraft, Burglary and
Theft, Boiler and Machinery, Livestock, Industrial Fire,
Accident and Health, Industrial Extended Coverage, Mobile
home Multi Peril, Mobile Home Physical Damage, Multi
Peril Crop, Miscellaneous Casualty. Address: 195 Broadway,
New York, NY 10007-3100.
New Insurance Regulator
T
he Florida Financial Services Commission,
made up of the governor and Cabinet,
unanimously approved the appointment of Kevin
McCarty as director of the Office of Insurance
Regulation (OIR) on March 25, 2003. As director,
McCarty is responsible for regulation of all
insurance companies and risk-bearing entities,
including licensing, rates, policy forms, market
conduct, adjusters, issuance of certificates of
authority, solvency, viatical settlements and
premium financing.
Professionals Direct Insurance Company was
approved on September 19, 2002. Line of business: Other
Liability. Address: 161 Ottawa Ave. N.W., Suite 607, Grand
Rapids, MI 49503-2720.
McCarty, who previously served as deputy
insurance commissioner, has more than 10 years
of experience in insurance regulation. He has also
served as deputy director of the Division of Insurer
Services under the Department of Insurance, and
was an analyst for the Department of Labor and
Employment Security, providing expertise in the
area of workers’ compensation law. McCarty holds
a law degree from the University of Florida and
recently served on the Governor’s Commission on
Workers’ Compensation Reform.
State Auto Florida Insurance Company was
approved on August 1, 2002. Lines of business: Fire, Allied
Lines, Homeowners Multi Peril, Commercial Multi Peril,
Ocean Marine, Inland Marine, Earthquake, Other Liability,
Commercial Auto Physical Damage, Fidelity, Burglary and
Theft, Boiler and Machinery. Reinsurance: Farmowners
Multi Peril, Medical Malpractice, Workers’ Compensation,
Private Passenger Auto Liability, Commercial Auto Liability,
Private Passenger Auto Physical Damage, Surety, Accident
and Health. Address: 518 East Broad Street, Columbus, OH
43215-3901.
The appointment is the result of governance
changes initiated by a constitutional amendment
approved by Florida voters in 1998, which merged
the offices of state treasurer, who also served as
insurance commissioner, with the comptroller,
who headed the Department of Banking and
Finance. The Florida Legislature was responsible
for determining how the banking and insurance
industries would be regulated.
Unimerica Insurance Company was approved on
October 31, 2002. Lines of business: Group Life and
Annuities, Accident and Health. Address: 9900 Bren Road
East, Minnetonka, MN 55343-9664.
United National Specialty Insurance Company
was approved on November 21, 2002. Lines of business:
Fire, Allied Lines, Farmowners Multi Peril, Homeowners
Multi Peril, Commercial Multi Peril, Ocean Marine, Inland
Marine. Address: 3 Bala Plaza, Suite 300, Bala Cynwyd, PA
19004-3481.
Last year, state lawmakers approved a system in
which an appointed professional would oversee
the insurance industry, including approval of rate
increases. McCarty is the first person to serve
in the new position and will report directly to
the Financial Services Commission. The OIR is
administratively housed under the Department
of Financial Services, headed by Chief Financial
Officer Tom Gallagher.
Universal Insurance Company was approved on
October 24, 2002. Lines of business: Fire, Allied Lines,
Homeowners Multi Peril, Earthquake, Private Passenger
Auto Liability, Private Passenger Auto Physical Damage.
Address: P.O. Box 71338, San Juan, PR 00936-8438
While McCarty regulates companies, insurance
agents and agencies are regulated separately by
the Department of Financial Services under Deputy
Chief Financial Officer Karen Chandler.
USAble Life was approved on January 24, 2003. Lines
of business: Life, Group Life and Annuities, Accident and
Health. Address: P.O. Box 1650, Little Rock, AR 722031650.
8
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Disciplinary Actions
TAYLOR*
Russell William
* License reinstated on 3/20/03
VATH
John L
WAY
Edward Bryan
WELLS
Gregory E.
WOODS
Mary L.
June 1, 2002 – March 31, 2003
Many of the following disciplinary actions have been resolved through consent
orders based upon settlement stipulations in which there was no finding or admission of guilt by the licensee. The department believes that notification of these
actions is in the public interest and, although every effort is made to provide correct
information, our readers are cautioned to check with the department before making
a decision based upon this listing. License reinstatements that were effective as of
April 30, 2003, are reflected herein.
REVOCATIONS
LAST NAME
This listing does not reflect pending appeals or requests for hearings. Inquiries
should be directed to: Florida Department of Financial Services, Division of Agent
and Agencies Services, Bureau of Agent and Agency Licensing, 200 East Gaines
Street, Tallahassee, FL 32399-0319; telephone (850) 413-3137, ext. 1101.
Warning: No part of this listing may be used by a licensee to gain a
competitive advantage over any person named herein. Any licensee
who does so may be in violation of Section 626.9541(1)(c),
Florida Statutes.
SUSPENSIONS
LAST NAME
FIRST and MIDDLE
AGRAVAT
Pradeep Vrajdas
APPLE
Marvin David
BAYE
Crystal Dawn
BOLAND*
Donald W.
* License reinstated on 11/27/02
BONDI
Vincent
CANTIN
Daniel
CANTIN
Lourdes Maria
CASTIEL
Jose Jackir
COLEMAN
Lisa C.
CONNOR
Timothy James
COOPER
Larry
CUCUZZA
Vittorio
DEAN
Mitchell
DOYLE
David A.
FALCONE
Charles J.
FERNANDEZ
Elaine Coralis
FRANCO
Antonio A.
FRYE
Kevin Ira
FUSSELL
Louis Bernard
GARRETSON*
Sherry
*License reinstated on 3/26/03
GONZALEZ
Johnny
GRADY*
Garry Louis
*License reinstated on 10/22/02
HADERMANN
Christopher
HALES
Devin D.
HOYT
Sean Darin
KALLAUS
Lonnie Joseph
KOONTZ*
Jack Steven
*License reinstated on 1/29/03
LITTERAL
Rachel Guy
MALLOY, II*
Robert William
*License reinstated on 1/28/03
MCNAIR
Wesley
MITCHELL
Mark Sebastian
MOHRMANN
Douglas
MONGELUT
Renee J.
MONK
Robert Thomas
MOONEY
Ken
MURPHY*
Patricia Ann
*License reinstated on 1/31/03
PUNTURIERO
Salvatore Paul
PURATY*
Sherrie S.
*License reinstated on 2/13/03
ROTH
Rebeka Lyn
SCHIEL
Enrique Rafael
SUAREZ*
Michel
* License reinstated on 4/17/03
SULLIVAN , Sr.
Albert Thomas
TAYLOR
Robert Charles
9
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Steven Harris
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Janet
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Rosita Ison
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Michael Ray
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Peter
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Fred Anthony
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Frank
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Lezley B.
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David Allen
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Tony A.
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James Michael
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Erma
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Jamie Lynn
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Jeanine Marie
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Maurice Martin
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Charles Edward
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Diane V.
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Harold
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Kris Ann
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Sharon
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Connie Gale
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Michael
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Marla S.
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David Earl
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Patrice Anne
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Geoffrey Alexander
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Bradley Stokes
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Edward Raymond
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Karen Ann
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Jeremy T.
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Scott J.
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Carrie
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Cathy Kay
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Danny C.
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Donna Lyn
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Paul Edward
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Robbie J.
DAVID
Wendie G.
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Darolene Rose
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Eduardo Rafael
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Damon R.
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Jamie Lynn
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Lorraine
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Anthony
DEWEY
James Gregory
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Rebecca Louise
DIXON
Sara K.
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Margaret Ellen
DUPRIEST
Peter Christian
EARNEST
Cynthia S.
EMPIRE STATE FINANCIAL GROUP, LLC
EUGENE
Rodrigue
EVENSEN
Thorlief Norman
EVERYONE RIDES CAR, TRUCK, & SUV
FEOLA, Sr.
Jeffrey F.
FERRARA
Michelle S.
FERREYRA
Hector Luis
FINN
Daniel Edward
FOGLE
James Richard
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Chicago
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Michelle
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Joseph D.
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GERBER
Nicola Vista
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Alexander
Plantation
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Rosemary
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Marlene M.
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William L.
Atlanta
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Michael Stephen
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Keith Andre
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Ricardo Francisco
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Ravi P.
Shawnee Mission
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Alejandro Jesus
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Maria D.
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John F.
Pensacola
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Travis Genard
Lake Park
HATFIELD
Terry H.
Tampa
HAYES
Albert L.
Winter Park
HAYNES, III
Alton M.
Port Charlotte
HERNANDEZ
Jack Karel
Miami
HIGHSMITH
Carey Harmon
Plant City
HOBSON, Jr.
Joseph Albert
Tampa
HOCHSTEDLER
Tamela L.
Olathe
HOLLAND
Ruth E.
Pensacola
INGRAM
Charles Durwood
Palatka
JABLON
David Eric
Fort Lauderdale
JAQUITH
Nicole S.
Fort Lauderdale
JAVANDE
Robert
Orlando
JEUDY
Wisly
Fort Myers
JOHNSON, III
Augustus
Fort Pierce
JOHNSON
James Edward
Jacksonville
JOHNSON
Karla Marie
Minneapolis
JOHNSON
Latanga M.
Dunnellon
JONES
Michael E.
Naples
KAPADIA
Ashim
Tampa
KING, II
Lorenzo M.
Tallahassee
KOURI
Raphael Charles
Fort Lauderdale
KRONENFELD
Mitchell C.
Uniondale
KUTCHENRITER
Jon
Altamonte Springs
LAKRITZ
Jason E.
Tallahassee
LANCASTER
Terri Lee
Panama City
LAO
Angel F.
Lake Worth
LARKIN
Derrick Floyd
Miami
LAVERDE
Carlos
Tampa
LEACH
Gary Lynn
Archer
LILLARD
Randy Dean
Jacksonville
LONGSHORE
MaryAnn
Pompano Beach
LORIGA
Maria J.
Miami
LOVELL
George Lee
Virginia Beach
MAHER
Eugenia Cercado
Wesley Chapel
MARCHIOL
Kenneth J.
Aurora
MARESCA
Robert Wendel
Rockledge
MARSH
Darlene Joyce
Coral Springs
MARSHALL
China J.
Lakeland
MARTIN
Louise L.
St. Petersburg
MARTINEZ, Jr.
Oscar Gerard
Miami
MCCRACKEN
Michael E.
Middleburg
MCDORMAN
Audrey Ann
Apopka
MCKENNEY
Stephen Lynn
Tampa
MCKERNAN
William John
Indian Rocks Beach
(aka MURRAY, William R.)
(aka MOORE, William)
MICCICHE
Anthony Vincent
Brooksville
MICHAEL BRATTON AUTOMOTIVE, INC.
Milton
MILLER
Derrick M.
New York
MILOWITZ
Jeff
Navarre
MONDY
Michael Richard
Jacksonville
MOOREHEAD
Gregory Allen
Orange Park
MOR
James
Miami
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Guslaine
Naples
MORGAN
Joseph M.
Tempe
MORGAN
Morris
Fort Pierce
MULLINGS
Ameika Tasheika
Royal Palm Beach
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Toni M.
Jacksonville
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Robert David
Roanoke
NOON
Lynn Soltman
Altamonte Springs
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Judith A.
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Antoinette
ORTIZ
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PADGETT
Rex Ronald
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Lise
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Frank
PATTERSON
Roberta York
PECK, Sr.
Michael Devera
PENUEL
Glyn-Anne
PEREZ
Reynaldo
PERKINS
Yvette A.
PERRY
Daisy M.
PHILBRICK
David E.
PIECZULEWSKI
Kristin Anne
PINTO
Christopher M.
POINDEXTER
Regina Deloise
PORRAS
Lorenzo Alejandro
PORT ORANGE AUTO MART
PRICIEN
Jean Delince
QUETGLES
Dayami
RAINWATER
Franklin D.
RAMIREZ
Raul
RAU
Michael
RAY
Angela Christine
REDD
Elinor
RICKS
James William
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David Alan
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Nina Croasmun
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Cecilia
ROGINSKI
Brian Nicholas
ROSENBLUM
Richard
RUTH
Lucreta
SAMPSON
Mark C.
SANCHEZ
Carlos E.
SANTOS, Jr.
Pablo Antonio
SAPIENZA
Irene A.
SEATON
Wendell Abdul
SHAMMAH
Jeffrey Albert
SHARPE
Tracey R.
SHIREY, Jr.
Donald Frank
SMALL
Jeanette Vivian
SMITH
Jacky Robinson
SMITH
Otis Edward
SMITH, III
Richard Franklin
SNOLL
Daveed Robert
SOLER
Carlito
SOLOMON
Michael Aaron
SPRECHER
Mark A.
SPRINGER
Sharilyn Kay
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Clifford Ron
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Giannina
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Tarla G.
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THE
INTERCOM
Tom Gallagher
Chief Financial Officer
Paul Mitchell, Chief of Staff
Karen Chandler, Deputy Chief Financial Officer
The Intercom is published by the Department of Financial Services,
Division of Agent and Agency Services.
DIVISION OF AGENT AND AGENCY SERVICES
Heather Mendelson
Editor/Publisher
(850) 413-5418
Mary Alice Palmer, Division Director
Philip M. Fountain, Assistant Division Director
•••
Contributors: Audrey Huggins, Barry Lanier, Don Powers, Beth
Sistrunk, Marti Tatum, Tami Torres.
Audrey Huggins, Chief, Bureau of Licensing
Bureau of Licensing ................................................................. (850) 413-3137
Education Section ...............................................(850) 413-3134, ext. 1108
Qualification Section ..........................................(850) 413-3137, ext. 1101
We welcome suggestions and inquiries concerning The Intercom. Written
suggestions should be mailed to Heather Mendelson, Florida Department of
Financial Services, 200 East Gaines St., Room 416.4, Tallahassee, FL 32399-0318, or
sent via e-mail to mendelsonh@dfs.state.fl.us.
Adjuster’s Qualifications • Fingerprint Information
Nonresident Agents • Bail Bonds • Managing General Agents
Terminations • Customer Representatives • Mediator Approval
©Copyright all rights reserved.
Reproduction in whole or in part without permission is prohibited.
License Control Section...........................................(850) 413-3137, ext. 1100
Certification and Clearance Letters • Forms
Appointment Renewals • Company and Agency Name Changes
•••
Jerry W. Whitmore, Chief, Bureau of Investigation
Barry Lanier, CLU, FLMI, Assistant Chief, Bureau of Investigation
Bureau of Investigation........................................................... (850) 413-3136
The Tallahassee office investigates complaints in Calhoun, Dixie, Franklin,
Gadsden, Gulf, Jackson, Jefferson, Lafayette, Leon, Liberty, Madison,
Taylor, Wakulla and Washington counties
I
Investigative Field Offices
NOTICE
Daytona Beach, Volusia County ..........................................(386) 323-0901
Investigates complaints in Alachua, Brevard, Citrus, Columbia, Dixie, Flagler,
Gilchrist, Hamilton, Lafayette, Levy, Marion, Putnam, Sumter, Suwannee and
Volusia counties
f your name, residence address, principal
business street address or mailing address
changes, you must notify the department within
60 days of the change. Licensees who fail to
comply are in violation of Chapter 626.551,
Florida Statutes, and are subject to investigation
and possible disciplinary action.
Fort Myers, Lee County .......................................................... (239) 461-4001
Investigates complaints in Charlotte, Collier, Desoto, Glades, Hendry,
Highlands, Laurel and Lee counties
Jacksonville, Duval County ..................................................(904) 348-2601
Investigates complaints in Baker, Bradford, Clay, Duval, Nassau, St. Johns
and Union counties
Miami, Dade County ................................................................ (305) 377-5248
Investigates complaints in Dade and Monroe counties
Please mail your notice of change to:
Bureau of Licensing
Department of Financial Services
200 E. Gaines St.
Tallahassee, FL 32399-0319
Orlando, Orange County .......................................................(407) 835-4401
Investigates complaints in Lake, Orange, Osceola and Seminole counties
Pensacola, Escambia County................................................(850) 595-8490
Investigates complaints in Bay, Escambia, Holmes, Okaloosa, Santa Rosa,
Walton and Washington counties
Plantation, Broward County ................................................. (954) 327-6034
Investigates complaints in Broward county
You may also change your address on our
Internet site. Go to www.fldfs.com. Click on
“Agents and Agencies.” From there, in the green
box on left side of the screen, click on “Name
and Address Changes.” (It’s the fourth item from
the bottom.)
11
Tampa Bay, Pinellas County .................................................. (727) 563-1141
Investigates complaints in Hardee, Hernando, Hillsborough, Manatee, Pasco,
Pinellas, Polk and Sarasota counties
West Palm Beach, Palm Beach County.............................. (561) 681-6384
Investigates complaints in Indian River, Martin, Okeechobee, Palm Beach
and St. Lucie counties
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