THE TREASURER OF THE STATE OF FLORIDA FILED DEPARTMENT OF INSURANCE BILL NELSON DEC 9 1999 TREASUR! ER AND bo . INSURANCE oe IN THE MATTER OF: Docketed by: Gouteee PHILIP OSASUYI OVIASOGIE CASENO.: 31965-99-AG F : ADMINISTRATIVE COMPLAINT: TO: PHILIP OSASUYI OVIASOGIE 18350 NW 2" Avenue, #401A Miami, FL 33169-4591 You, PHILIP OSASUYI AVIASOGE, are hereby notified that the Insurance ‘Commissioner of the State of Florida has caused to be made an investigation of your activities while licensed as an insurance agent in this state, as a result of which it is alleged: GENERAL ALLEGATIONS 1. _ Pursuant to > Chapter | 626, Florida Stanstes, you, PHILIP OSASUYI OVIASOGE, are ‘cuttently licensed i in this State as a general lines agent anda life 2 and health agent. 2. “At all times pertinent to the dates and occurrences referred to herein, you, PHILIP OSASUYI OVIASOGE, were licensed in this state as an insurance agent. Pursuant to section 626, 561(1), Florida Statutes, all i insurance premiums, return premiurns or other funds belonging to insurers or others received by you, PATLIP OSASUYI ~ OVIASOGEE, in transactions under your licenses, were and remain trust funds received by you in tified Arie Num st NDERS | yo aot PQ 3DVd U wea eabBRg0R8a BE tT _ 0802/81/18 _p---3 oes ze ulug = uorBing . ek :sobeq Wd 0¢:S TOLL oorNyE req (papessons jUsAg) }USAZ PeAlesoy me RR a iit 5 eee ec ; a@ fiduciary capacity and were to be accounted for and remitted to an insurer or others entitled thereto in the applicable regular course of business. 4, Pursuant to Chapter 626, Florida Stamtes, the Florida Department of Insurance has jurisdiction over your insurance licenses and appointments. | COUNT I 5, The above general allegations numbered one (1) through (4) are hereby realleged and fully incorporated herein by reference. 6. On March 10, 1996, a judgment was entered against you in the Circuit Court of the Second Judicial Circuit in and for Leon County, Florida directing you, PHILIP OSASUYI OVIASOGE and Master Plan Insurance, Inc., jointly and severally, to pay in the principal sum of ten thousand three hundred thirty seven dollars and thirty-four cents ($10,337.34), plus accrued interest through March |, 1996 in the amount of three thousand ninety dollars and forty- four cents ($3,090.44), plus three hundred dollars ($300.00) in attorney’s fees pursuant to Florida Statutes Section 631.154, for a total sum of thirteen thousand seven hundred twenty seven dollars _ and seventy-eight cents ($13,727.78) due the Department of Insurance as the Receiver of First Miami Insurance Company. Said monies represented insurance premiums and/or unearned commissions which you, PHILIP OSASUYI OVIASOGEE, owed to First Miami Insurance Company, 7. ° You, PHILIP OSASUYI OVIASOGEE, have failed to pay this judgment f the First Miami Insuran and, as of the date of the entry of this Administrative Complaint, you, PHILIP OSASUYI OVIASOGIE, have failed to pay this judgment. -ompany within the thirty (30) days required by law, : T/1a a Sa 30d ee aoganseaga BEIT _ 2882/8 L a oes zeulug §=:uoHeing . Ih. &b isebed A 1. 17a Wd 0r:S = SOWELL O0/ (pepaesong JUSAZ) JUSA Paalevoy et em . violated or are accountable und license, “[Section 626.611(10), Florida Statutes); Wn WW Tf 18 THEREFORE CHARGED that you, PHILIP OSASUYI OVIASOGEE, have * f the Fl ida Insurance Code and the following Pro isi Rules of the : Department of Insurance which constitute grounds for the suspension or revocation of “your licenses, registrations, and sppointments as an insurance agent: (a) - All premiums, retum ‘premnhimns, or r other fands delonging t to insurers or others received by an agent, solicitor or adjuster in transactions under his license shall be trust funds, so received by the licensee in a fiduciary capacity; and the licensee in the applicable regular course of business shall account for and pay the same to the insurer, insured, or other person entitled thereto. [Section 626.561(1), Florida Statutes]; {b) If the license is willfully used, or to be used, to circumvent any of the requirements or prohibitions of this code. (Section 626.61 1(4), Florida Statutes]; - (c) “Demonstrated lack of fitness or trustworthiness to ‘engage in in the business of insurance, [Section 626.61 1(7), Florida Statutes}; (d) Fraudulent or dishonest practices in the conduct of business under the license or permit. [Section 626.611(9),. Florida Statutes]; (e) Misappropriation, conversion, or unlawful withholding of moneys belonging to " insurers or insured or beneficiaries or to others and received in the course of business vinder the ul violation of, any proper order or rule of the department or willful violation of any provision of this code. _ [Section 626.611( 19), Florida ; Statutes} 90 3vd eevoaanaa © BEAT BBOZ/OT/TA oes ze ulug suoneing hy et :sebed TOULL : OO/OL/+ :07eq (papaacons JU9Ag) ]U9AZ paaisoey laste ¢ ; - a : : yowte = £0 3d ganeaeoeae = SELL BeeZ/OT/TO (g) Violation of any provision of this code or of any other law applicable to the business of insurance in the course of dealing under the license or permit. {Section 626.621(2), Florida Statutes]; . (h) Violation of any lawful order or rule of the department. [Section 626.621(3), Florida Statutes]; . , qi) Failure or refusal, upon demand, to pay over to any insurer he represents or has represented any money coming into his hands belonging to the insurer. [Section 626.621(4), Florida Statutes}; - G) Tn the conduct of business under the license or permit, engaging in unfair methods or competition or in unfair or deceptive acts or practices, as prohibited under part X of this chapter, or having otherwise shown himself to be a source of injury or Joss to the public or detrimental to the public interest. [Section 626,621(6), Florida Statutes); (k) Failing to turn over when required, or satisfactorily account for, all collections of such insurer. [Section 626.9541(1)(u)2, Florida Statutes]; 0) Premiums and uneamed commissions which have been collected on behalf of an insurer by an agent, solicitor, agency or other entity for which the agent solicitor, agency or other entity has a duty to account to the receiver and to pay over amounts as may be due. The duty to account to the receiver shall encompass all persons or entities involved in the handling and transmittal of premium funds. An accounting shall be provided to the receiver within 20 days “after receipt of a written demand for an accounting, If there is a dispute regarding the accounting, the court shall hear and decide the matter upon petition of the receiver. Compliance with this section and payment of sums determined to be owed by the court within thirty (30) days “gas ze ul ¢ ~:ueHeIng /, eb — 3s06ed Wd ors — :@ULL Oo7eK/ ova (papsasons yUaAg) JUeAW peajesoy Peer meee Teen Sens of judgment, or within other payment terms approved by the court, shall constitute requirements for continued licensure of a petson holding a license under the Florida Insurance Code, and failure to comply with this section shall be sufficient grounds for the license revocation. [Section 631.155, Florida Statutes}. COUNT II 8. The above general allegations numbered one (1) through (4) are hereby tealleged and fully incorporated herein by reference. . 9. On September 30, 1997, a judgment was entered against you in the Circuit Court of the Second Judicial Circuit in and for Leon County, Florida directing you, PHILIP OSASUYI ; OVIASOGEE and Master Plan Insurance, Inc.,, jointly and severally, to pay in the principal sum : of two hundred eighty seven dollars and twenty cents ($287.20), plus accrued interest through August 29, 1997, in the amount of one hundred forty one dollars and thirty-two cents ($141.32), plus three hundred dollars ($300.00) in attomey’s fees pursuant to Florida Statutes Section 631.154, for a total sum of seven hundred twenty eight dollars and fifty-two cents ($728.52) due the Department of Insurance as Receiver of Great Republic Insurance Company. Said monies represented insurance premiums and/or unearned commissions which you, PHILIP OSASUYI OVIASOGIE, owed to Great Republic Insurance Company. 10. You, PHILIP OSASUYI OVIASOGIE, have failed to pay this judgment to the “jeceiver of thé Great Republic theurance Company within the thirty (30) days required by law, “and, as of the date of the entry of this Administrative Complaint, you, PHILP OSASUYI OVIASOGIE, have failed to pay this judgment. 8a 350d Cees apegeneede = BETLT BORZ/AT/TA OS cas ZeulWg suOHeind ty eh :sobed Nd OrS = FOUL oo7eL/t “oved ee ~ ey (pepeasong jueAz) 1UeAq peajssey lin al iil li a Ww an yaa ser ir conemnlaninclniant maui Si pantie chennai aad Eat ar 1S THEREFORE CHARGED that you, P PHILIP OSASUYI OVIASOGEE, h have violated o of are accountable under the following provisions sof the Florida Insurance Code and Rules of the Department of Insurance which constitute te grounds for the suspension or revocation of your x licenses, registrations, nd appointments as an insurance agent: (a) Sections 626. 561(1), 626. 611(4), 626.611(7), 626: 61109), 626.611(10), 626.611(13), 626.621(2), 626.621(3), 626.621(4), 626.621(6), 626.954 1(1)(u)2, and 631.155, Florida Statutes, which are more fully set forth in Count J above and fully incorporated herein by reference. . WHEREFORE, you, PHILIP OSASUYI OVIASOGE, are hereby notified that the Treasurer and Insurance Commissioner intends to enter an order revoking your licenses and appointments as an insurance agent or to impose such penalties as may be provided under the provisions of Sections 626.61 1, 626.621, 626.681, 626.691, and 626.9521, Florida Statutes, and under the other referenced sections of the Florida Statutes as set out in this Administrative Complaint. ; NOTICE OF RIGHTS Pursuant to Sections 120.569 and 120.57, Florida Statutes and Rule 28-106, Florida Administrative Code (F.A.C.), you have a right to request a proceeding to contest this action by the Department. You may elect a proceeding by completing the attached Election of Rights form or filing a Petition. Your Petition or Election of a proceeding must be in writing and must be filed with the General Counsel acting as the Agency Clerk, . Department of Insurance. If served by U.S. Mail the Petition or Election should be addressed to the Florida Department of Insurance at 612 Larson Building, Tallahassee, © . Florida 32399-0333. If Express Mail or hand delivery is utilized, the Petition or Election 6a SOvd ee , geaeaecaoe = BETZT BOAZ/OT/TA 3 (ges ze ul g :uoyeung yn ek isobeq “WdOvig OU ae OO?/L 7318 (pepassons jusAg) }UeAR PeAlesoy th, aan. BT 3dWd OT should be delivered to 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0333. The Petition or Election must be received by, and filed in the Department within twenty-one (21) days of the date of your receipt of this notice, YOUR FAILURE TO RESPOND TO THIS ADMINISTRATIVE COMPLAINT WITHIN TWENTY- ONE (21) DAYS WILL CONSTITUTE A WAIVER OF YOUR RIGHT TO REQUEST A PROCEEDING ON THE MATTERS ALLEGED HEREIN AND AN ORDER OF REVOCATION WILL BE ENTERED AGAINST YOU. If a proceeding is requested and there is no dispute of fact the provisions of Section 120.57(2), Florida Statutes would apply. In this regard you may submit oral or written evidence in opposition to the action taken by this agency or a written statement challenging the grounds upon which the agency has relied. While a hearing is normally not required in the absence of a dispute of fact, if you fee] that a hearing is necessary one will be conducted in Tallahassee, Florida or by telephonic conference call upon your request, If you dispute material facts which are the basis for this agency's action you may request a formal adversarial proceeding pursuant to Sections 120.569 and 120.57(1), Florida Statutes. If you request this type of proceeding, the request must comply with all of the requirements of Rule 28-106, F_A.C. and contain: ‘a) A statement identifying with particularity the allegations of the ~ Department which you dispute and the nature of the dispute; -b) An explanation of what relief you are seeking and believe you are titled to; c) Any other information which you contend is material. gageaaaaaa BEtAT Bbaz/at/Te = wore er) oes zeulwwg = suoneing ye Sh ssebeg Wd Ops Th _ OOPOL/t 721d (pepaasong jueng) jUeAg penjesoy tient. — TT 3ovd we we These proceedings are held before a State hearing officer of the Division of Administrative Hearings. Unless the majority of witnesses are located elsewhere the Department will request that the hearing be conducted in Tallahassee, If a hearing is requested, you have the right to hire an attomey to represent you, to testify in your own behalf, to call and to cross-examine witnesses, and to compel the " attendance of witnesses and the production of documents by subpoena, Pursuant to Section 120.573, Florida Statutes, you are hereby notified that mediation under Section 120.573, Florida Statutes, is not available. Failure to follow the procedure outlined with regard to your response to this notice may result in the request being denied. All prior correspondence in this matter shal! be considered freeform agency action, and no such correspondence shall operate as a valid request for an administrative proceeding, Any request for administrative proceeding received Prior to the date of this notice shall be deemed abandoned unless timely renewed ) in compliance with the guidelines as set out above. "DATED and SIGNE this @Ch day of Pecembe - 1999. .L NELSON Treasurer and Insurance Commissioner vu ere 288 Ze Ul :uopeing er Wd OFS FOUL oo/NI : : (papaasons 1U9Ag) 1U9Aq PoAlesey gaegauaaaa BE:2T aaaz/aT/Te -- uur een omens Per Soereener ee nee, Coane 2 Bc ae lb eT ° CERTIFICATE OF SERVICE THEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF RIGHTS has been furnished to: PHILIP OSASUYI OVIASOGIE, 18350 NW 2" Avenue, #4014, Miami, FL. 33169-4591, by Certified Mail this 9th day of Degemb EY, 1999. Division of Legal Services 612 Larson Building Tallahassee, Florida 32399-0333 — (850) 922-3110 Ext 4224 \ . : . Se fe) : (7) : = Zt aed ee ganenaedes = SETAT BOAZ/AT/TO oe ; 98S Ze UW € tuoneing oe yy et ‘sebed Wed Ov:S sou, OO/BL/E r31eq (pepassons Juang) ]UsAq PeAleooy

Docket for Case No: 00-000204