cl a i ilk de FILED 6 ~€0 FES tt [PA &: a ” THE TREASURER OF THE STATE OF FLOR: TR IDA DEPARTMENT OF INSURANCE H BILL NELSON ‘i IN THE MATTER OF: OSWALDO E. ABREU CASE NO. 27862-99-AG ADMINISTRATIVE COMPLAINT TO: OSWALDO E. ABREU 782 N.W. 42°47. Avenue, Suite 348 Miami, Florida 33126-5550 OSWALDO E. ABREU Weitzer Homes | 17196 South West 139° Court Miami, Florida 33178-2210 OSWALDO E. ABREU 9414 s.w. 8° Terrace Miami, Florida 33174 You, OSWALDO E. ABREU, 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 a géneral lines agent in this State, as a result of which it is GENERAL ALLEGATIONS 1. . You, OSWALDO E. ABREU, are currently licensed in this State as a life, a life and health, a life, health and variable annuity, and a general lines agent insurance agent. tli lite ae ed lw 2. At all pertinent to the dates and occurrences referred to herein, you, OSWALDO E. ABREU, were licensed in this State as an insurance agent. : 3. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Insurance has jurisdiction over your insurance licenses and appointments. 4. According to the corporate records of the Florida Secretary of State, Gold Cgast Insurance Consultants, Inc., is a Florida domestic corporation, first incorporated on November 3, 1995. . 5. According to the corporate records of the Florida Secretary of State, at the time of the events described within this administrative complaint, the only corporate officials designated by the Corporation are as follows: Secretary and Treasurer - Raphael Elortegui; and President - Esteban Acosta. 6. You, OSWALDO =. ABREU, were hired in July of 1996, as an insurance agent by Mr. Al Alvarez, to work as an agent for Gold Coast Insurance Consultants, Inc. (hereafter "Gold Coast"), During the time of your employment , _the insurance activities of Gold Coast were “conducted From offices “located at 12060 N.W. South River Drive, Miami Florida. This incorporated general lines insurance agency was an unlicensed "insurance agency" as defined by section 626.094, Florida Statutes. | i ee es se i a oa ii se s " le Wd 8. The owners/principals of a non-licensed "insurance agency" such as Gold Coast, are required by section 626.592, Florida Statutes, to annually declare (on or before ganuary 1%* of each year) and notify the Department of the identity of that licensed individual who would serve as the “primary agent” of this particular “insurance agency.” 9. You, OSWALDO E. ABREU, considered yourself, and held yourself out to the public, as the "primary agent" for Gold Coast. 10. You, OSWALDO E. ABREU, authorized Mr. Alvarez to use a rubber stamp of your signature to sign insurance documents and applications at Gold Coast and you knew or should have known that your signature stamp was used by individuals at Gold Coast who were unlicensed to transact insurance. 11. ‘According to the records of the Department, there is no record of any individual submitting to the Department any notification that t e Gold | st “insurance agency” ever existed or engaged in insurance activity at the above location or at any "other, location in the state, of Florida. |" Accordingly, the Department's records reflect no filing “designation of “ rimary agent" for, ‘this, unlicensed insurance _agency.. 12. A diligent search of records kept by the Department has not “yieldéd’ any records that establish that, either Al Ww OW Alvarez, or Raphael Elortegui, or Esteban Acosta hold insurance license as an insurance agent in the State of Florida.. cme Count I 13. The above general allegations are hereby realleged and fully incorporated herein by reference. 14. On or about October 23, 1996, Al Alvarez prepared, completed, and witnessed an application for a commercial trucking motor vehicle insurance for Unity Trucking, Inc., of Zephyrhills, Florida, on behalf of Gold Coast, acting as broker for this coverage and placing this coverage with nimpire Fire and Marine Insurance Company, through Levings-Wilson Group, Inc., of Gainesville, Florida, serving as managing general agent for the insurer. 15. Al Alvarez, or another individual at Gold Coast, affixed the signature of your name, OSWALDO z. ABREU, as the agent of record on this application by means of a rubber stamp. ae” You, OSWALDO E. ABREU, had Ho involvement in the solicitation or placement of this insurance coverage with Unity . _Trucking, Inc. “472 You, OSWALDO E. ABREU, had no involvement in the “= solicitation or placement of any of the trucking insurance "transacting" activity at Gold Coast. wt lina Ma Le i 4 j 4 1 by ree y 18. Asa consequence of these events, you, OSWALDO E. ABREU, permitted an.unlicensed individual at Gold Coast to utilize your license to solicit and transact insurance in this State without the benefit of licensure. 19. As a consequence of these events, you, OSWALDO E. ABREU, engaged in a deceptive act towards the Insurance company, in allowing Mr. Alvarez to use your name and license appointment on an insurance application and to represent that you had personally met with Unity Trucking and had secured the information attested to on the application. IT IS THEREFORE CHARGED that you, OSWALDO E. ABREU, have violated or are accountable under the following provisions of the Florida Insurance Code, which constitute grounds for the suspension or revocation of your licensure as an insurance agent in this state: (a) A license or appointment issued under this part is valid only as to the person named and is not transferable to another person. — No licensee or appointee shall allow any other person to transact insurance by utilizing the license or appointment issued to such licensee or appointee. [Section 636.441, Florida Statutés]; (b) If the license or permit is willfully used, or to be used, to circumvent any of the requirements or prohibitions of this code. [Section 626.611(4), Florida Statutes]; ven A i a mt i my nine BR nanan a aoa Kanne Se 89 as ~ ~ (c) Willful misrepresentation of any insurance policy or annuity contract or willful deception with regard to any such Leo policy or contract, done either in person or by any form of . dissemination of information or advertising. [Section 626.611(5), Florida Statutes]; (d) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; (e) Demonstrated lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or permit. [Section 626.611(8), Florida Statutes]; (f) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), Florida Statutes] ; (g) willful failure to comply with, or willful violation of, any proper order or rule of the department or willful violation of any provision of this code. [Section 626.611(13), Florida Statutes] ; (h) Violation of any provision of this code or of any other law applicable to the business of insurance in the course of de ling und "the license or permit. [Section 626.621(2), i (i) “Violation of any lawful order or rule of the department. [Section 626.621(3), Florida Statutes]; agent of Gold Y cos ms Q (j) In the conduct of business under the license or permit, engaging in unfair methods of competition or in unfair or deceptive acts or practices, as prohibited under bart x of this chapter, or having otherwise shown himself to be a source of injury or loss to the public. [Section 626.621(6), Florida Statutes]; and (k) Misrepresentation in insurance applications. - Knowingly making a false or fraudulent written or oral statement or representation on, or relative to, an application or negotiation for an insurance policy for the purpose of obtaining a fee, commission, money, or other benefit from any insurer, agent, broker, or individual. [Section 626.9541(1) (k Florida Statutes] . COUNT IT 20. The above general allegations are hereby realleged and fully incorporated herein by reference. 21. You, OSWALDO- RE. “ABREU, “served as the ‘sole licensed Coast at the time “Of. the events. described within this administrative complaint 22. ¢ on or about December 21, 1998, the Department’s Investigator contacted you, OSWALDO E. ABREU, to request that you produce the agency ‘records for the insurance transactions identified in Count I of this “Administrative complaint. To Ww Wd date, you have not produced those records for inspection by the Department | . IT IS THEREFORE CHARGED that you, OSWALDO E. ABREU, “have violated or are accountable under the following provisions of the Florida Insurance Code, which constitute grounds for the suspension or revocation of your licensure as an insurance agent in this state: (a) The licensee shall keep and make available to the department books, accounts, and records as will enable the department to determine whether such licensee is complying with the provisions of this code. Every licensee shall preserve books, accounts, and records pertaining to a premium payment for at least 3 years after payment; provided, however, the preservation of records by computer or photographic reproductions or records in photographic form shall constitute compliance with this requirement. All other records shall be maintained in accordance with s. 626.748. The 3-year requirement shall not apply to insurance binders when no policy oa ds. ultim ately “issued. and ‘no premium is collected. [Section Ful failure to comply with, or willful violation of the department or willful violation of any provision of this code. [Section 626.611(13), Florida Statutes]; Pa EO RR REET SEER TOTS CE SRR steed ‘Florida 33126-5550. _ wi w) (c) “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 626.627 (2), Florida Statutes]; COUNT IIT 23. The above general allegations are hereby realleged and fully incorporated herein by reference. 24. From February of 1998, to the date of this administrative complaint, the Department’s computer files show your "of record" business address on file at the Department to be: OSWALDO E. ABREU, Weitzer Homes ; 17196 South West 139% Court; Miami, Plorida 33178-2210. 25. Correspondence mailed to you, OSWALDO E. ABREU, at the above business address in May of 1998 was returned “undeliverable” by the U.S. Postmaster later that same month stating “no forwarding order on file.” 26. From ebruary of (1998, to the date of this . administrative complaint, the Department s computer ‘files show your "OE record" ‘residential address on file at “the. Department “Avenue; Suite 348; Miami, ae Correspondence mailed to you, OSWALDO E. ‘ABREU, at the above residential address in , May of 1998 was returned a ee w | Wd “undeliverable” by the U.S. Postmaster later that same month “no forwarding order on file. 28. According to an affidavit given to the Department of Insurance, by you, OSWALDO E. ABREU, dated December 21, 1998, you advised the Department ’s investigator that your current residential address was: 9414 S.W. gt? Terrace, Miami, Florida 33174. 29. You, OSWALDO E. ABREU, failed to notify the DEPARTMENT in writing within 30 days after changing your business addresses in 1998. You have also failed to furnish the Department a current residential address with which to contact you. . IT IS THEREFORE CHARGED that you, OSWALDO E. ABREU, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the State Treasurer and Insurance Commissioner which constitute grounds for the suspension or revocation of your insurance licenses and (b) Willful failure to ‘comply with, or “willful violation of, any proper order or rule of the department or willful a ww w) violation of any provision of this code. [Sections 626.611(13), Florida Statutes] ; and, (c) 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 appointment. [Section 626.621({2), Florida Statutes]. WHEREFORE, you, OSWALDO E. ABREU, are hereby notified that the Treasurer and Insurance Commissioner intends to enter an Order suspending or revoking your licenses and appointments as an insurance agent or to impose such 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 this Administrative Complaint. You are further notified that any order entered in this case revoking or suspending any license or eligibility for licensure held by you shall also apply to all other licenses and (eligibility held by you under “the Florida Insurance ‘Code. Norn E OF RIGHTS Pursuant to Sections 120. 569 and 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 Blection of Rights form or filing a Petition. Your “statement » 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 Bast 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 eng ng the grounds upon which the ag ney has _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. 4 4 3 » ae J 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 entitled to; c) Any other information which you contend is material. These proceedings are held before a 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 qualifies 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 under Section 120.573, Florida Statutes, is not available. cme rota ail we = = Hac iether lanai aie tk ek 4 uv Failure to Mics 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 bé 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 SIGNED this hb day of XL) bbb tirs ' 1999. Weer BILL NELSON Treasurer and Insurance Commissioner Sd ~ CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been furnished by U.S. Certified Mail to: OSWALDO E. ABREU, 782 N.W. 4274. Avenue, Suite 348, Miami, Florida 33126-5550 and OSWALDO E. ABREU, Weitzer Homes, 17196 South West 139% Court, Miami, Florida 33178-2210 and OSWALDO E. ABREU 9414 s.w. 8 Terrace, Miami, Florida 33174 this day of A) bcem bv , 1999. LMA Robert F. Langford/ J Division of Legal Servides 612 Larson Building Tallahassee, FL 32399-0333 (904) 922-3110 Ext. 4138 i ! i

Docket for Case No: 00-000708