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Inicio del Departamento | Inicio de Agentes y Agencias | Inicio de Insurance Insights

  Vol. 7 No. 5 September 2018

Notas de Casos



Case: A consumer filed a complaint with the Division of Consumer Services alleging a life agent submitted two life insurance applications in her name without her knowledge or consent. Payment in the amount of $1,512 was deducted from the consumer's bank account to pay the premiums for the policies. The consumer told investigators she and her husband only met with the agent one time, and she applied for only one of the three policies issued by the insurer. The consumer believes the agent somehow duplicated her signature or signed her name. The insurer cancelled the two unauthorized policies and refunded the premiums to the consumer.

Disposition: Fined $2,500. The agent failed to pay the fine as required and his license was suspended.


Case: When an agency's license is cancelled due to its failure to have a designated agent in charge, investigators may visit the agency to determine whether the agency is transacting insurance. In a recent case, an investigator visited an agency to find an agent actively transacting insurance without an agent in charge designated, at a location no longer licensed to transact insurance with Florida consumers. A review of the agent's license profile found he was not currently appointed by any insurers and therefore, he was transacting insurance in violation of the Florida Insurance Code.

Disposition: Administrative surrender of the agent's license.


Case: A life and health agent's appointment was terminated for cause by an insurer and the action was reported to the Department. According to the insurer, the agent established an ineligible group for the purpose of obtaining reduced insurance rates for the insured.

An investigation revealed the agent made material misrepresentations on multiple insurance applications. In addition, the agent failed to notify the Department within 30 days of a change in her demographic information.

Disposition: Suspended for 18 months.


Case: The Department received an "Affidavit of Insurance While Not Properly Appointed form" from an Adjuster. The adjuster admitted he had been transacting without an appointment and requested the Department backdate his appointment. The Department agreed to backdate the agent's appointment but issued an Administrative Complaint when the agent did not pay the agreed $395 fine in exchange for backdating the appointment. When the adjuster failed to pay the fine, his license was suspended.

Disposition: Suspended for 90 days.



Caso: A case was opened after Staff received notification of a Final Judgment issued against a bail bond agent by the Hillsborough County Clerk of Courts. Satisfaction of the Judgment was due within 35 days of the date of the Final Judgment. The Judgment was not satisfied within the required time frame. Staff conducted an audit of the bail bond agent's records and found the licensee continued to execute bail bonds while the judgment remained outstanding for more than 35 days, a violation of Florida Statutes. In addition, the bail bond agent's email address on record with the Department was invalid and was not updated within 10 working days as required by the Florida Insurance Code.

Disposition: The Subject was fined $5,000 and placed on probation for one year.


Case: An investigation into a general lines agent's supervision activities as Agent in Charge of an agency of was initiated when the Bureau of Investigation received a notice of termination for cause of a customer representative supervised by the general lines agent. The insurer alleged the agent directed his agency employees to provide false information to the insurer for almost two years, in order to obtain more favorable, competitive rates.

The investigator obtained multiple consumer affidavits and supporting documentation from the insurance company. Analysis of the evidence proved automobile insurance applications were manipulated to reflect the insureds were homeowners, when in fact, they were not. The misrepresentations enabled the applicants to receive discounts they were not entitled to receive, while also giving the agent an unfair competitive advantage in the insurance marketplace.

Disposition: Fined $3,000, and ordered to properly supervise all Customer Representatives in his employ. The customer representative was suspended for one year for making fraudulent statements on insurance applications submitted to an insurer.

 

Legal Notices © 2018 Florida Department of Financial Services