THE TREASURER OF THE STATE OF FLORIDA DEPARTMENT OF INSURANCE BILL NELSON a __ INTHE MATTER MICHAEL HUNTER BARBER ~y ADMINISTRATIVE COMPLAINT TO: MICHAEL HUNTER BARBER 1854 Eagles Rest Drive Apopka, FL 32712-2060 fas Wd 61 NYT 00 You, MICHAEL HUNTER BARBER, 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 Statutes, you, MICHAEL HUNTER BARBER, are currently licensed in this State asa life and variable annuity agent, a life, health and variable annuity agent, a life agent, a life and health agent, and a health agent. 2. At all times pertinent to the dates and occurrences referred to herein, you, MICHAEL HUNTER BARBER, were licensed in this State as a life and variable annuity agent, a life, health, and variable annuity agent, a life agent, and a life and health agent. 3. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Insurance has jurisdiction over your insurance licenses and appointments. 4 On or about June 22, » 1970, J Johnie McLeod purchased a life i insurance policy, Policy No. 35- -758- ‘835, from Prudential Insurance © Company of America (“Prudential”), from another Prudential i insurance 2 agent, 5, P.O. Box 1053 was the mailing address utilized by Prudential and its insurance agent(s) in the Apopka, Florida, area, to which Prudential directed its policyholders to send their premium payments and other communications.’ ")2°""" 6. The General Allegations set forth in Paragraphs | through 5 above are hereby realleged and fully incorporated herein by reference. | 7. On or about June 22. 1981, you, MICHAEL HUNTER BARBER, sold to Johnie — | McLeod a second Prudential life insurance policy, Policy No. 75-185-174. You, MICHAEL HUNTER BARBER, represented to Mr. McLeod that he would only have to pay premiums on this second policy for a maximum period of four (4) years, after which the cash value and dividends from the second policy would be sufficient to eliminate any further premium payments. 8. In fact, the cash value and dividends from Policy No. 75-185-174 were insufficient to pay the premiums and other charges related to the second policy after four (4) years. IT IS THEREFORE CHARGED that you, MICHAEL HUNTER BARBER, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the Department of Insurance which constitute grounds for the suspension or revocation of your licenses, registrations, and appointments as an insurance agent: OA ; A @ If the license or *appinment i is willy used, or to be used, to circumvent any of (b) wiht ‘misrepresentation of any insurance © policy or annuit contract or willful (c) "Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626. 61 1(7), Florida Statutes]; @ Demonstrated lack of reasonably adequate knowledge and technical competence to engage in the transactions s authorized by the license or appointment. [Section 626.61 1(8), , Florida Statutes]; (e) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.61 1(9), Florida Statutes]; (f) Violation of any provision of [the Florida Insurance Code] or 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]; . (g) In the conduct of business under the license or appointment, engaging in unfair methods of competition or in unfair or deceptive acts or practices, as prohibited under part X of this chapter, or having otherwise shown himself or herself to be a source of injury or loss to the public. {Section 626.621(6), Florida Statutes]; (h) No person shall engage in this state in any trade practice which is defined in this part as, or determined pursuant to [Sections 626.951 or 626.9561, Florida Statues] to be, an ° unfair method of competition or an unfair o or deceptive a act ¢ or practice involving the business of insurance. [Section 626. 9521 (1), Florida Statutes]; 3 lpen Se eee placed before the public: (i) Knowingly making, issuing, circulating, or causing to be made, issued, or circulated, any € estimate, illustration, eeu, statement, sales p sent i omission, or comparison which: 1. Misrepresents the benefits, advantages, conditions, or xr terms of t any i insurance ; ! potiey. [Section 626. oO Knowingly making, Publishing, disseminating, circulating, or lacing before the. public, or causing, directly or indredy, to be made published disseminated, circulated, or - lL. Ina newspaper, magazine, or other publication, 2. In the form of. a notice, circular, pamphlet, letter, or Poster, 3. Over any radio or television station, or 4. In any other way, an advertisement, announcement, or statement containing any assertion, representation, or statement with respect to the business of insurance, which is untrue, deceptive, or misleading. [Section 626.954 1(1)(b), Florida Statutes]. | COUNT I 9. The General Allegations set forth in Paragraphs 1 through 5 above are hereby realleged and fully incorporated herein by reference. . . 10. On or about June 22, 1983, you, MICHAEL HUNTER BARBER, sold to Johnie McLeod a third Prudential life insurance policy, Policy No. 75- 566-322. You, MICHAEL HUNTER BARBER, represented to Mr. McLeod that he would never have to pay premiums on this third policy, because the cash values and dividends from the first, second, and third policies would be sufficient to pay the premiums s for this third policy from its inception date. 4 seams See AA 11. In fact, the cash value and dividends from Policy Nos. 35-758-835, 75-185-174, and 75-566-322 were insufficient to pay the premiums and other charges related to the third — 12. You, MICHAEL HUNTER BARBER, failed t to > advise Mr. MeLeod that ctaking the cash values andlor dividends from Policy Nos. 38- 158- 835 and 15- 185- 174 would | result in a=? reduction of the value of those policies IT IS THEREFORE CHARGED that you, MICHAEL HUNTER BARBER. have a i r nsicates : violated or are © accountable under the following provisions of the Florida Rules of the Department of Insurance which constitute grounds for the suspension or revocation of your licenses, registrations, and appointments : as an insurance © agent: > | | oe (a) . Sections 626. 16.61 1(4), 626.611(5), 626, 61107), 626. 61108), 626. 61109), 626.621(2) 626.621(6), 626.9521(1), 626. 9541(1)(a), and 626. 941, Florida Statutes, which are more fully set forth i in Count I above and fully incorporated herein by reference. COUNT I 13. The General Allegations set forth in Paragraphs 1 through 5 above are hereby realleged and fully incorporated herein by reference. 14. Inor about July, 1985, you, MICHAEL HUNTER BARBER, suggested to Johnie McLeod that he change his mailing address on file with Prudential with respect to Policy No. 75- _.- 185-174, . 15. You, MICHAEL HUNTER BARBER, represented to Mr. McLeod that you would receive all communications from Prudential and communicate directly with Mr. McLeod regarding any information received from Prudential related to the above-described policy. 16. In or about fuly, 1985, Pole No. 15. 185- 174 lapse. due to > non-payment of the above- described policy until in or about 1996. i IT IS THEREFORE CHARGED that you, MICHAEL HUNTER BARBER, have L1G), 62 626.621(6), 626.9521(1), and 626. 9541(1)(a), Florida Statutes, which are more fully set forth in 61 119), 626. 6210), Count I above and fully incorporated herein by reference. . COUNT IV 17. The General Allegations set forth in Paragraphs 1 through 5 above are hereby realleged and fully incorporated herein by reference. 18. In or about July, 1985, you, MICHAEL HUNTER BARBER, suggested to Johnie McLeod that he change his mailing address on file with Prudential with respect to Policy No. 75- 566-322. 19. You, MICHAEL HUNTER BARBER, %; represented to Mr. McLeod that you would receive all communications from Prudential and communicate directly with Mr. McLeod regarding any information received from Prudential related to the above-described policy. 20. | In or about 1985, Policy No. 75- 566- 322 lapsed, due to > non-payment of premium. You, MICHAEL HUNTER BARBER, failed to notify Mr. McLeod of the lapsing of the above- described policy until in or about 1996. IN etree IT IS THEREFORE CHARGED that you, MICHAEL HUNTER BARBER, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the he Departntent 0 of f Tnsurance v which constitute grounds for the Suspension o: or revocation | “Sections 626. 611(4), 626.611(5), 626.611(7), 626. 6118), 626.611(9), 626. e210) ’ 626.62 1(6), 626. 9521( D, and 626. 9541(1)(2), Florida Statutes, which z are more fully set {forth i in oun I above and fally incorporated herein by reference. Bs WHEREFORE, you, MICHAEL HUNTER BARBER. are hereby notified that the Treasurer and Insurance Commissioner intends to enter an Order revoking your licenses, registrations, and appointments as an insurance agent or to impose such lesser 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 the Administrative Complaint. NOTICE OF RIGHTS Pursuant to Section 120.57, Florida Statutes and Rule 28-106, Florida Administrative Code (F.A.C.), you have the 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 Blection 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 should be delivered to 612 Larson Building, 200 East Gaines 7 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 WI 120. 57(2), Florida Statutes would capply. In this s regard you may submit oral or written evidence in n opposition to the action taken by this agency or a written statement nt challenging th 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 feel that a hearing is necessary one will be conducted in Tallahassee, Florida or by telephonic conference call upon your request. Tf you dispute material facts which are the basis for this agency's action you may request a formal adversarial proceeding pursuant to Section 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 entitled to; c) Any other information which you contend is material. These proceedings are held before the State administrative law judge 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. 8 If you request a hearing, you have the right to be represented by counsel, or other qualified representative, to take testimony, to call and cross-examine witnesses, and to have subpoena and subpoena duces tecum issued on your behalf. Pursuant to Section 120.573, Florida Statutes, you are hereby notified that mediation is | | not available. 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. f i f f DATED and SIGNED this 22ND day of _ DECEMBER , 1999. BILL NELSON’ Treasurer and Insurance Commissioner yasURag, spibabeay® ty } A A ‘ "CERTIFICATE OF SERVICE . THEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been furnished to: MICHAEL HUNTER BARBER, 1854 Eagles Rest Drive, Apopka, FL 32712-2060, by U.S. Certified Mail this 22ND day of __ DECEMBER es 1999, 8 oe ett dan oe elk el nek pa nae aegis Christo er. J. 1 Florida Department of In i Division of Legal Servicés - 200, East Gaines, Street . 612 Larson Building » gunceinjserin use» anol allahassee, FL 32399-0333. 9. . me ‘ oe ees (850) 413-425 . | 10 ree

Docket for Case No: 00-000299