Leon FL Administrative law, Appeals and Insurance Lawyers

19-001622F JEAN-ANN DORRELL AND SENIOR FINANCIAL SECURITY, INC. vs DEPARTMENT OF FINANCIAL SERVICES (2019)

Division of Administrative Hearings, Florida Filed: Mar. 26, 2019

The issue to be determined is whether Petitioner (“Senior Financial Security”)1/ is entitled to an award of attorney’s fees and costs pursuant to section 57.111, Florida Statutes (2019).2/ Senior Financial Security is entitled to such an award if: (a) the Department of Financial Services’(“the Department”) actions were not substantially justified; or (b) no special circumstances exist that would make an award of fees and costs unjust.Respondent was substantially justified in pursuing charges against Petitioner.

04-000765PL DEPARTMENT OF FINANCIAL SERVICES vs OSCAR BROWN, JR. (2004)

Division of Administrative Hearings, Florida Filed: Mar. 09, 2004

The issue to be resolved in this proceeding concerns whether the Respondent's license as an insurance agent should be disciplined for alleged violation of various provisions of Chapter 626, Florida Statutes (1999).Respondent exercised poor judgment in selling investment product to clients, but no fraud or dishonest conduct. Respondent is not guilty of some of the violations charged because he was not engaged in insurance by selling the investment products.

17-003119 DEPARTMENT OF FINANCIAL SERVICES vs JEAN-ANN DORRELL AND SENIOR FINANCIAL SECURITY, INC. (2017)

Division of Administrative Hearings, Florida Filed: May 26, 2017

The issue is whether disciplinary action should be taken against Respondents’ licenses based on the allegations set forth in Petitioner’s Administrative Complaint.The Department failed to prove any of its allegations by clear and convincing evidence.

15-002653PL DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF INSURANCE AGENT AND AGENCY SERVICES vs GARY L. MCKINLEY (2015)

Division of Administrative Hearings, Florida Filed: May 14, 2015

The issue to be determined is whether Respondent, Gary L. McKinley (Respondent or McKinley), violated sections 626.611(5), (7), (8), (9), or (13); 626.621(2) or (6); 626.9521; 626.9541(1)(e)1.; or 627.4554, Florida Statutes (2007-2010), or Florida Administrative Code Rules 69B-215.210 or 69B-215.230 as alleged in the Administrative Complaint. If it is found that Respondent violated any or all of these provisions as alleged, then it must be determined what penalty should be imposed.Petitioner failed to prove the allegations in the Administrative Complaint. Recommend dismissal.

14-002525F MARTA R. DE LA PAZ vs DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF INSURANCE AGENTS AND AGENCY SERVICES (2014)

Division of Administrative Hearings, Florida Filed: May 27, 2014

Whether Petitioner is entitled to an award of attorney's fees and costs, associated with defending DOAH Case No. 13- 3820PL, pursuant to section 57.111, Florida Statutes (2014), as a small business and a prevailing party.Respondent was not substantially justified in seeking a penalty against Petitioner's insurance agent's license based on the conduct of a subordinate. No special circumstances exist to preclude an award of attorney's fees and costs.

13-004478PL DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF INSURANCE AGENT AND AGENCY SERVICES vs WILLIAM ROBERT PEARSON (2013)

Division of Administrative Hearings, Florida Filed: Nov. 19, 2013

The issue in this case is whether the Respondent, William Robert Pearson, should be disciplined for alleged statutory and rule violations for his role in several insurance transactions.DFS proved violations on 2 of 9 counts. Others not proven by clear and convincing evidence. Ex post facto mandatory revocation not applied. Recommended 12-month suspension.

13-004755PL DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF INSURANCE AGENTS AND AGENCY SERVICES vs GREGORY BRUCE SAMPLE (2013)

Division of Administrative Hearings, Florida Filed: Dec. 11, 2013

Whether Respondent, Gregory Bruce Sample, should be disciplined for alleged statutory and rule violations for his role in several insurance transactions.Petitioner proved by clear and convincing evidence that Respondent's license as a life agent and a life and health agent should be revoked. A fine in the amount of $140,000 is recommended.

13-003820PL DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF INSURANCE AGENTS AND AGENCY SERVICES vs MARTA R. DE LA PAZ (2013)

Division of Administrative Hearings, Florida Filed: Sep. 30, 2013

Whether Respondent acted as an agent for a membership organization, International Water Safety Foundation (IWSF), and its insurance underwriter, North American Marine (NAM), that had been ordered to cease and desist transacting insurance related business in this state; if so, whether (and what) discipline should be imposed on Respondent's license to transact business as an insurance agent.Petitioner failed to demonstrate by clear and convincing evidence that Respondent violated sections 626.611(12) and 626.734, Florida Statutes. Recommend dismissal of Administrative Complaint.

12-001633 UNLIMITED FULFILLMENT SERVICES, LLC vs DEPARTMENT OF FINANCIAL SERVICES (2012)

Division of Administrative Hearings, Florida Filed: May 09, 2012

Has Petitioner, Unlimited Financial Services, LLC (Unlimited), conducted the unlicensed business of insurance in violation of section 626.112(7), Florida Statutes (2011)?1/ Has Unlimited engaged in an unfair or deceptive act or practice, false advertising, as prohibited by section 626.9541(1)(b)?Dept. of Insurance proved postcard and call center operation was unlicensed business of insurance. The Department proved the operation was a deceptive practice.

12-003622PL DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF INSURANCE AGENTS AND AGENCY SERVICES vs CHASE CARMEN HUNTER (2012)

Division of Administrative Hearings, Florida Filed: Nov. 07, 2012

Whether Respondent, Chase Carmen Hunter, committed the violations of the Florida Insurance Code alleged in the First Amended Complaint and, if so, the sanctions to be imposed.Petitioner proved by clear and convincing evidence that Respondent violated multiple provisions of the Insurance Code. Recommend revocation.

David John Busch