co WU UW ‘ THE TREASURER OF THE STATE OF FLORIDA tH 30 199 DEPARTMENT OF INSURANCE TREASUN! BILL NELSON uns Ccubips)ouen eted by: \ t Se IN THE MATTER OF: CASE NO.: 26034-98-AG HENRY THOMAS LANE, JR. 00-0327 / 09 ADMINISTRATIVE COMPLAINT HENRY THOMAS LANE, JR. Traditional Equinet Business Corporation 635 NE 1* Street Gainesville, FL 32601-3343 i 4 TO: HENRY THOMAS LANE, JR. an 8001 SW 30" Avenue more Gainesville, FL 32607-4712 -~3 ae SO pes we Newel! HENRY THOMAS LANE, JR. 502 NW 75" Street, Suite 91 Gainesville, FL 32607 You, HENRY THOMAS LANE, JR., 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, HENRY THOMAS LANE, JR., are currently licensed in this State as a life and variable annuity agent, a life agent, and a life and health agent. 2. At all times pertinent to the dates and occurrences referred to herein, you, HENRY THOMAS LANE, JR., 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. At all times relevant hereto, you, HENRY THOMAS LANE, JR., were the Chairman, Vice Chairman, CEO, and Registered Agent for Wholesale Life|Insurance. Inc., located at 8001 SW 30" Avenue, Gainesville, FL 32607-4712. 5. At all times relevant hereto, you, HENRY THOMAS LANE, JR., were the Chairman, Vice Chairman, CEO, and Registered Agent for Southern Financial Network, Inc., located at 502 NW 75" Street, Suite 91, Gainesville, FL 32607. 6. You, HENRY THOMAS LANE, JR., are currently the Executive Vice-President and Chief Operating Officer for Florida Digital Turnpike, Inc. Florida Digital Turnpike, Inc.’s corporate office is located at 150 S. Monroe Street, Suite L-01, Tallahassee, FL 32301. Florida Digital Turnpike, Inc.’s local offices are located at 2002 NW 13 Street, Suite 250, Gainesville, FL 32609; The Concord Building, 7 E. Silver Springs Blvd, Suite 201, Ocala, FL 34470; and 125 4th Avenue N.E., St. Petersburg, FL 33701. 7. At all times relevant hereto, you, HENRY THOMAS LANE, JR., were the administrative contact person for Wholesale Life Insurance, Inc.’s registered domain name, noagent.com, and were identified on that web site as the soliciting insurance agent. COUNT I 8. The General Allegations set forth in Paragraphs | through 7 above are hereby realleged and fully incorporated herein by reference. 2 9. On or about August 22, 1998, you, HENRY THOMAS LANE, JR., advertised, through Wholesale Life Insurance, Inc.’s web site, domain name “noagent.com”, a 15% “internet discount” of each customer’s first annual premium on the purchase of a term life insurance policy. 10. At all times relevant hereto, you, HENRY THOMAS LANE] JR., were not permitted, by any insurance carrier with which you were then appointed, to rebate on any insurance policies sold through those companies. IT IS THEREFORE CHARGED that you, HENRY THOMAS LANE, JR., 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: (a) No agent shall rebate any portion of his or her commission except as follows: The rebate shall be in accordance with a rebating schedule filed by the agent with the insurer issuing the policy to which the rebate applies. [Section 626.572(1)(b), Florida Statutes]; (b) Rebates shall not be given to an insured with respect to a policy purchased from an insurer that prohibits its agents from rebating commissions. [Section 626.572(1)(d), Florida Statutes]; (c) If the license or appointment 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]; (d) Willful misrepresentation of any insurance policy or annuity |contract or willful deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising. [Séction 626.61 1(5), Florida Statutes]; (e) Demonstrated lack of fitness or trustworthiness to engage in|the business of insurance. {Section 626.61 1(7), Florida Statutes]; (f) Demonstrated lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment. [Section 626.61 1(8), Florida Statutes]; (g) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.61 1(9), Florida Statutes]; (h) Unlawfully rebating, attempting to unlawfully rebate, or unlawfully dividing or offering to divide his or her commission with another. [Section 626.61 1d] ), Florida Statutes]; (i) 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 lid [Section 626.621(2), Florida Statutes]; Gj) In the conduct of business under the license or appointment, lense or permit. engaging in unfair methods of competition or in unfair or deceptive acts or practices, as prohitiited under part X of this chapter, or having otherwise shown himself or herself to be a source of, public. [Section 626.621(6), Florida Statutes]; injury or loss to the (k) 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 S tatues] to be, an unfair method of competition or an unfair or deceptive act or practice involying the business of insurance. [Section 626.9521(1), Florida Statutes]; () Knowingly making, publishing, disseminating, circulating, or placing before the public, or causing, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public: . WU i) L. In a 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 insurarice, which is untrue, deceptive, or misleading. [Section 626.9541(1)(b), Florida Statutes]; and (m) Except as otherwise expressly provided by law, or in an applicable filing with the department, knowingly: b. Paying, allowing, or giving, or offering to pay, allow, or giv e, directly or indirectly, as inducement to such insurance contract, any unlawful rebate of premiums payable on the contract, any special favor or advantage in the dividends or other benefits thereon, or any valuable consideration or inducement whatever not specified in the contrac 626.954 1(1)(h), Florida Statutes]. COUNT I 11. The General Allegations set forth in Paragraphs 1 through 7 realleged and fully incorporated herein by reference. it. [Section above are hereby 12. On or about January 23, 1998, Gordon Mumpower, Jr., President of Commercial Insurance Managers, a Maryland corporation, received an e-mail solicitation from J.R. Rimes of Wholesale Life Insurance, Inc. J.R. Rimes advertised, through said e-mail solicitation, a 15% “internet discount” of each customer's first annual premium on the purchase of a term life insurance policy. a ; © ) WW 13. At all times relevant hereto, J.R. Rimes was employed with Florida Digital Turnpike, Inc., as Sales Manager for North Central Florida, and was not licensed to transact insurance in this State. 14, Said e-mail solicitation misrepresented that Wholesale Life Insurance. Inc.’s services were available throughout the United States, except Hawaii. You,|HENRY THOMAS LANE, JR., as the sole agent soliciting business through Wholesale Life Insurance, Inc., were not licensed in every State except Hawaii at the time the e-mail solicitation|was sent. 15. By knowingly permitting J.R. Rimes to solicit the purchase of insurance, you, HENRY THOMAS LANE, JR., aided and abetted J.R. Rimes in the unlawful transaction of insurance. IT IS THEREFORE CHARGED that you, HENRY THOMAS LANE, JR., 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 reyocation of your licenses, registrations, and appointments as an insurance agent: (a) Sections 626.611(4), 626.611(5), 626.611(7), 626.611(8), 626.611(9), 626.621(2), 626.62 1(6), 626.9521(1), 626.9541(1)(b), and 626.954 1(1)(h), Florida Statutes, which are more fully set forth in Count I above and fully incorporated herein by reference; (b) An insurer, a managing general agent, or an agent, directly or through any representative, may not furnish to any agent any blank forms, applications, stationery, or other supplies to be used in soliciting, negotiating, or effecting contracts of insurance on its behalf unless such blank forms, applications, stationery, or other supplies relate to|a class of business with respect to which the agent is licensed and appointed, whether for that insurer or another insurer. [Section 626.342(1), Florida Statutes]; and 6 YW U (c) Knowingly aiding, assisting, procuring, advising, or abetting any person in the violation of or to violate a provision of the insurance code or any order or rule of the department. [Section 626.621(12), Florida Statutes]. COUNT III 16. | The General Allegations set forth in Paragraphs 1 through 7\above are hereby realleged and fully incorporated herein by reference. 17. On or about August 22, 1998, and September 22, 1998, you) HENRY THOMAS LANE, JR., utilized, for the solicitation of insurance, a misleading domain name called “noagent.com”, which misrepresented to consumers that they could purchase insurance from Wholesale Life Insurance, Inc., without the need for an insurance agent. In fact, prospective customers would purchase insurance through you, HENRY THOMAS LANE, JR., a licensed Florida insurance agent, as required by Section 624.428, Florida Statutes. 18. On or about August 22, 1998, and September 22, 1998, you] HENRY THOMAS LANE, JR., utilized, in conjunction with the Wholesale Life Insurance, Inc|, web site, domain name “noagent.com”, a misleading telephone number, 1-888-NOAGENT, which misrepresented to consumers that they could purchase insurance from Wholesale Life Insurance, Inc., without the need for an insurance agent. In fact, prospective customers would purchase insurance through you, HENRY THOMAS LANE, JR., a licensed Florida insurance agent, as required by Section 624.428, Florida Statutes. IT IS THEREFORE CHARGED that you, HENRY THOMAS LANE, JR., 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: 7 (a) Sections 626.611(4), 626.611(7), 626.61 1(8), 626.61 1(9), 626.621(2), 626.621(6), 626.6521(1), and 626.9541(1)(b), Florida Statutes, which are more fully set forth in Count I above and fully incorporated herein by reference. COUNT IV 19. The General Allegations set forth in Paragraphs | through 7 above are hereby realleged and fully incorporated herein by reference. 20. On or about August 22. 1998, you, HENRY THOMAS LANE, J R., misrepresented on the Wholesale Life Insurance, Inc., web site, domain name “noagent.com”, that a consumer purchasing a term life insurance policy on the internet through Wholesale Life Insurance, Inc., could save “‘as much as 40-60% every year on quality term fife insurance”. 21. You, HENRY THOMAS LANE, JR., misrepresented on the|Wholesale Life Insurance, Inc., web site, domain name “noagent.com”, that a consumer could save 40-60% per year on a term life insurance policy purchased on the internet through Wholesale Life Insurance, Inc., because Wholesale Life Insurance. Inc., eliminates the expenses associated with maintaining local insurance agency offices, as well as the traditional distribution system of agents, administrative personnel, and managers. In fact, the premium rate offered by First Penn- Pacific Life Insurance Company for a specific policy purchased through Wholesale Life Insurance, Inc., is exactly the same as if that policy was purchased from First Penn-Pacific Life Insurance Company through a consumer's local agent. IT IS THEREFORE CHARGED that you, HENRY THOMAS LANE, JR., 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: 8 & U U (a) Sections 626.611(4), 626.61 1(5), 626.611(7), 626.611(8), 626.611(9), 626.621(2), 626.621(6), 626.6521(1), and 626.9541(1)(b), Florida Statutes, which are more fully set forth in Count I above and fully incorporated herein by reference. COUNT V 22. The General Allegations set forth in Paragraphs 1 through 7/above are hereby realleged and fully incorporated herein by reference. 23. On or about May 18, 1998, you, HENRY THOMAS LANE, JR., mailed to Bob Sperling, a resident of South Dakota, a blank insurance application on which you, HENRY THOMAS LANE, JR., signed your name as “agent or witness” at the bottom of the blank application, attesting that “I certify that I have accurately recorded on this application the information supplied by the proposed insured”. 24. — Said application was mailed to Mr. Sperling along with a cover letter signed by J. Larry Schott. At all times relevant hereto, J. Larry Schott was employed with Wholesale Life Insurance, Inc., as Vice President and Chief Administrative Officer, and was not licensed to transact insurance in this State. 25. Said cover letter offered to Mr. Sperling a 15% “internet discount” of Mr. Sperling’s first annual premium on the purchase of a term life insurance policy. 26. By knowingly permitting J. Larry Schott to solicit the purchase of insurance, you, HENRY THOMAS LANE, JR., aided and abetted J. Larry Schott in the unlawful transaction of insurance. IT IS THEREFORE CHARGED that you, HENRY THOMAS LANE, JR., have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the YU Nw) Department of Insurance which constitute grounds for the suspension or revocation of your licenses, registrations, and appointments as an insurance agent: (a) Sections 626.342(1), 626.572(1)(b), 626.572(1)(d), 626.611 626.611(8), 626.611(9), 626.61 1(11), 626.621 (2), 626.621(6), 626.621(12) 626.9541(1)(b), and 626.9541(1)(h), Florida Statutes, which are more fully and II above and fully incorporated herein by reference. COUNT VI 4), 626.611(7), 626.9521(1), set forth in Counts I 27. The General Allegations set forth in Paragraphs 1 through 7 jabove are hereby realleged and fully incorporated herein by reference. 28. You, HENRY THOMAS LANE, JR., provided the Department of Insurance with the following address as your business address: Traditional Equinet Busine} Ss Corporation, 635 NE 1* Street, Gainesville, FL 32601-3343. Said address belongs to The Lentz Financial Group, . which represents The Equitable. 29, You, HENRY THOMAS LANE, JR., had your appointments with The Equitable companies non-renewed in or about March of 1994. IT IS THEREFORE CHARGED that you, HENRY THOMAS LANE, JR., 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 rev licenses, registrations, and appointments as an insurance agent: (a) 626.611(4), 626.611(7), 626.611(8), and 626.621(2), Florida more fully set forth in Count I above and fully incorporated herein by refere jocation of your Statutes, which are ince; and (b) Every licensee shall notify the department in writing within 30 days after a change of name, residence address, principal business street address, or mailing address. Any 10 UW WU licensed agent who has moved his or her residence from this state shall have his or her license and all appointments immediately terminated by the department. [Section 626.551, Florida Statutes]. COUNT Vi 30. The General Allegations set forth in Paragraphs | through 7 above are hereby realleged and fully incorporated herein by reference. 31. On or about August 22, 1998, and September 22, 1998, you, HENRY THOMAS LANE, JR., transacted insurance business under the name of Wholesale Life Insurance, Inc. 32. You, HENRY THOMAS LANE, JR., failed to annually file with the Department of Insurance a written statement of the firm, corporate, or business name you used, the address of any office or offices or place of business making use of such name, and the name and social security number of each office and director of the corporation and of each individual associated in such firm or corporation as to the insurance transactions thereof or in the use of such business name, pursuant to Section 626.541(1), Florida Statutes. IT IS THEREFORE CHARGED that you, HENRY THOMAS LANE, JR., 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: (a) 626.611(4), 626.611(7), 626.611(8), and 626.621(2), Florida Statutes, which are more fully set forth in Count I above and fully incorporated herein by reference; and (b) Any licensed agent or adjuster doing business under a firm or corporate name or under any business name other than his or her own individual name shall annually on or before January | file with the department, on forms furnished by it, a written statement of the firm, 11 WU YW corporate, or business name being so used, the address of any office or offices or places of business making use of such name, and the name and social security number of each officer and director of the corporation and of each individual associated in such firm or insurance transactions thereof or in the use of such business name. [Section Statutes]. COUNT VII corporation as to the 626.541(1), Florida 33. The General Allegations set forth in Paragraphs | through 7 above are hereby realleged and fully incorporated herein by reference. 34. On or about September 23, 1998, you, HENRY THOMAS LANE, JR.., faxed a solicitation letter and blank insurance application to Mr. D. Nettles. Said facsimile was sent from the office of Florida Digital Turnpike, Inc. 35. Pursuant to Section 626.592(3), Florida Statutes, an “insurance agency" isa location where any agent is engaged in the business of insurance. 36. —_ By soliciting the purchase of insurance from the office of “. Digital Turnpike, Inc., you, HENRY THOMAS LANE, JR., were engaged in the b from an insurance agency. siness of insurance 37, You, HENRY THOMAS LANE, JR., failed to designate a primary agent for said insurance agency. IT IS THEREFORE CHARGED that you, HENRY THOMAS LAN or are accountable under the following provisions of the Florida Insurance Code and Rules of the E, JR., have violated Department of Insurance which constitute grounds for the suspension or revocation of your licenses, registrations, and appointments as an insurance agent: ae U (a) 626.611(4), 626.611(7), 626.611(8), and 626.621(2), Florida Statutes, which are more fully set forth in Count I above and fully incorporated herein by reference; (b) Each person operating an insurance agency and each location of a multiple location agency shall designate a primary agent for each insurance agency location and shall file the name of the person so designated, and the address of the insurance agency location where he or she is primary agent, with the Department of Insurance} on a form approved by the department. The designation of the primary agent may be changed at the option of the agency, and any change shall be effective upon notification to the department. Notice of change must be sent to the department within 30 days after such change. [Section 626.592(1), Florida Statutes]; and (c)._ An insurance agency location may not conduct the business of insurance unless a primary agent is designated at all times. Failure to designate a primary agent, on a form prescribed by the department, within 30 days after agency inception or change of primary agent designation, constitutes grounds for requiring that the agency obtain a license in accordance with ss. 626.112 and 626.172. [Section 626.592(7), Florida Statutes]. WHEREFORE, you, HENRY THOMAS LANE, JR., are hereby notified that the Treasurer and Insurance Commissioner intends to enter ari 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 626.611, 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. 13 YU VU 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 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 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 feel 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 Section and 120.57(1), Florida Statutes. If you 14 7 WU UY 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. 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. 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 shall 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. 15 WL Ww] DATED and SIGNED this30TH_ day of _DECEMBER , 1999. BILL NELSO, Treasurer and Insurance Com: 16 missioner 11:€ Hd OZ Wr 00 ‘| U VU a g moe A é ae CERTIFICATE OF SERVICE 0 0 LO my My &O THEREBY CERTIFY that a true and correct copy of the foregoing ISTRARRIVE COMPLAINT has been furnished to: HENRY THOMAS LANE, JR., 8001 ape Avenue? / Corporation, 635 NE 1" Street, Gainesville, FL 32601-3343, and HENRY THO JR., 502 NW 75" Street, Suite 91, Gainesville, FL 32607, by U.S. Certified Mail this of _DECEMBER , 1999. Gainesville, FL 32607-4712, HENRY THOMAS LANE. JR., Traditional Eq’ vial 0 Ret Aa 18S TE ay Florida Department of Insurance Division of Legal Services 200 East Gaines Street 612 Larson Building Tallahassee, FL 32399-0333 (850) 413-4250 /

Docket for Case No: 00-000327