Petitioner: DEPARTMENT OF INSURANCE
Respondent: MARILYN DIANNE MASSEY
Judges: CHARLES C. ADAMS
Agency: Department of Financial Services
Locations: Tallahassee, Florida
Filed: Oct. 16, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, May 17, 2002.
Latest Update: Dec. 23, 2024
FILED
SEP 15 2000
TREASURER AND
isigk GF
THE TREASURER og useied IyforiDa
DEPARTMENT OH IASURANCE
Docketed by:
BILL NELSON
=
IN THE MATTER OF:
MARILYN DIANNE MASSEY CASE NO.: 35746-00-AG
, /
ADMINISTRATIVE COMPLAINT
TO: MARILYN DIANNE MASSEY
1237 BERRY STREET
QUINCY, FLORIDA 32351-4601
MARILYN DIANNE MASSEY
A+ AUTO, INC.
101 EAST JEFFERSON STREET
QUINCY, FLORIDA 32351-2407
You, MARILYN DIANNE MASSEY, 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, MARILYN DIANNE MASSEY,
are currently licensed in this state as a general lines agent.
2. At all times pursuant to the dates and occurrences referred to herein, you,
MARILYN DIANNE MASSEY, were licensed in this state as a general lines agent.
3. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Insurance
has jurisdiction over your insurance license and appointments.
INSURANCE COMMISSIONER
/- sn
4. At all times pursuant to the dates and occurrences referred to herein, you,
MARILYN DIANE MASSEY conducted insurance business through A+ Auto, Inc., an
insurance agency, (hereinafter referred to as "A+ Auto "), located at 101 East Jefferson Street,
Quincy, Florida 32351-2407.
5. At all times pursuant to the dates and occurrences set forth herein, you,
MARILYN DIANNE MASSEY, were an officer, an insurance agent-and primary agent for A+
Auto.
6. At all times pursuant to the dates and occurrences referred to herein A+ Auto was
a general lines agency.
7. At all times pursuant to the dates and occurrences set forth herein, and pursuant to
Section 626.561(1), Florida Statutes, all premiums, return premiums, or other funds belonging to
others received by you, MARILYN DIANE MASSEY, constituted trust funds, received in a
fiduciary capacity, and you, MARILYN DIANE MASSEY, were and remain obligated to
account for and pay the same to the insurers, insureds, or other person lawfully entitled thereto in
the applicable regular course of business.
8. At all times pursuant to the dates and occurrences set forth herein, and pursuant to
Section 626.9541(1)(0)2., Florida Statutes, you, MARILYN DIANE MASSEY, were and remain
prohibited from knowingly collecting as a premium or charge for insurance any sum in excess of
or less than the premium or charge applicable to such insurance, in accordance with the
applicable classifications and rates as filed with and approved by the Department, and as
specified in the policy; or, in cases when classifications, premiums, or rates are not required by
this code to be so filed and approved, premiums and charges in excess of or less than those
specified in the policy and as fixed by the insurer.
9. At all times pursuant to the dates and occurrences set forth herein, you ,
MARILYN DIANE MASSEY, maintained signatory rights over A+ Auto’s bank accounts.
10. Omni Insurance Company (hereinafter referred to as “Omni”) has not included a
$10 per-policy fee in its rate filings with the Department.
11, Agents working for Omni must remit the entire down payment amount paid by
the insured along with the application within three days of completing the application and
collecting the premium down payment.
12. | The minimum down payment amount required by Omni for its policies is $75.
13. You, MARILYN DIANE MASSEY, were an appointed agent of Omni.
14. | Omni agents receive a commission of 15% on all new and renewal policies
including PIP/PD policies only.
15. | Workmen’s Auto Insurance Company (hereinafter referred to as “Workmen’s
Auto”) has not included a $10 per-policy fee in its rate filings with the Department.
16. Agents working for Workmen’s Auto must remit the full gross premium paid by
the insured along with the application no later than three days following policy inception.
17. You, MARILYN DIANE MASSEY, were an appointed agent of Workmen’s
Auto.
18. | Workmen’s Auto agents receive a commission of 10% on all new and renewal
policies for Private Passenger Automobile Insurance without the Bodily Injury component.
Workmen’s Auto agents receive a commission of 15% on all new and 12.5% on all renewal
policies for Private Passenger Automobile Insurance with the Bodily Injury component.
19. You, MARILYN DIANE MASSEY, are an agent for Nation Safe Driver, a
business providing towing and emergency road service, reimbursement benefits, and other
services related to the ownership, operation, use or maintenance of motor vehicles.
20. Nation Safe Driver’s agents receive a commission of 90% up-front on all policies.
21. On April 18, 2000, you, MARILYN DIANE MASSEY, had the following signs
posted at A+ Auto: a) Consultation Fee; b) Policy Cancellation Fee $35.00; c) Returned Check
Fee $40.00; d) First Time Policy Fee $35.00.
22. On June 30, 2000, you, MARILYN DIANE MASSEY, had the following signs
posted at A+ Auto: a) Policy Fee $40.00 + $10.00 State Fee; b) Consultation Fee; c) You may or
may not have towing.
23. On August 17, 2000, you, MARILYN DIANE MASSEY, had the following signs
posted at A+ Auto: a) Policy Fee $50.00; b) Cancellation of Policy $35.00; c) $40.00 Policy Fee
+ $10.00 State Fee.
24. On August 17, 2000, you, MARILYN DIANE MASSEY, admitted to a
Department investigator that you were still charging a policy fee.
COUNT I
25. The above general allegations are realleged and incorporated by reference herein.
26. On February 18, 1999, Ronte Harris went to A+ Auto to purchase automobile
insurance.
27. On February 18, 1999, you, MARILYN DIANNE MASSEY, solicited and
procured an application for automobile insurance from Ronte Harris to be underwritten by
Deerbrook Insurance Company (hereinafter referred to as “Deerbrook”).
28. | The down payment for the Deerbrook policy was quoted by you, MARILYN
DIANE MASSEY, to be $175.00. On February 18, 1999, Ronte Harris gave you, MARILYN
DIANE MASSEY, a check for $125.00, and on March 9, 1999, Ronte Harris gave you,
MARILYN DIANE MASSEY, a check for $50.00. You, MARILYN DIANE MASSEY, told
Ronte Harris that his down payment was completed with his $50.00 payment and that Deerbrook
would bill Ronte Harris for the balance.
29. You, MARILYN DIANE MASSEY, only remitted $85.00 to Deerbrook as a
down payment when Ronte Harris paid you $175.00.
30. | You, MARILYN DIANE MASSEY, never informed Ronte Harris that you
charged him a $30.00 policy fee.
31. You, MARILYN DIANE MASSEY, charged Ronte Harris $60.00 for a towing
service that he did not request. You, MARILYN DIANE MASSEY, led him to believe that the
towing service was part of the Deerbrook policy. He did not authorize the extra charge for the
towing service. You, MARILYN DIANE MASSEY, never delivered a copy of the towing
service agreement to Ronte Harris.
32. You, MARILYN DIANE MASSEY, did not maintain all documents or
applications signed by Ronte Harris as required by Section 626.748, Florida Statutes, and
pertaining to Ronte Harris’ premium payment as required by Section 626.561(2), Florida
Statutes.
33. You, MARILYN DIANE MASSEY, did not maintain records documenting the
policy fee you, MARILYN DIANE MASSEY, charged and collected from your customers.
34. You, MARILYN DIANE MASSEY, charged Ronte Harris an unauthorized
policy fee of $30.
IT IS THEREFORE CHARGED that you, MARILYN DIANNE MASSEY, have violated
or are accountable under the following provisions of the Florida Insurance Code which constitute
grounds for the suspension or revocation of your licenses and appointments as an insurance agent:
(a) All premiums, return premiums, or other funds belonging to insurers or others received by
an agent, customer representative, solicitor, or adjuster in transactions under his or her license are
trust funds received by the licensee in a fiduciary capacity. An agent shall keep the funds
belonging to each insurer for which he or she is not appointed, other than a surplus lines insurer, in
a separate account so as to allow the department to properly audit such funds. 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) 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 is ultimately
issued and no premium is collected. [Section 626.561 (2), Florida Statutes];
(c) Any agent, customer representative, solicitor, or adjuster who, not being lawfully entitled
thereto, either temporarily or permanently diverts or misappropriates such funds or any portion
thereof or deprives the other person of a benefit therefrom commits either a misdemeanor of the
first degree, punishable as provided in s. 775.082 or s. 775.083, if the funds diverted or
misappropriated are $300 or less; or a felony of the third degree, punishable as provided in
8.775.082, s.775.083, or s.775.084, if the funds diverted or misappropriated are more than $300,
but less than $20,000. [Sections 626.561(3)(a)(b), Florida Statutes];
(d) 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);
(e) 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. [Section 626.611(5), Florida Statutes];
(f) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance.
[Section 626.61 1(7), Florida Statutes];
(g) Demonstrated lack of reasonably adequate knowledge and technical competence to engage
in the transactions authorized by the license or appointment. [Section 626.611(8), Florida
Statutes];
(h) Fraudulent or dishonest practices in the conduct of business under the license or
appointment. [Section 626.61 1(9), Florida Statutes};
(i) Misappropriation, conversion, or unlawful withholding of moneys belonging to insurers or
insureds or beneficiaries or to others and received in conduct of business under the license or
appointment. [Section 626.611(10), 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];
(k) 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];
(1) 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];
(m) Every agent transacting any insurance policy must maintain in his or her office, or have
readily accessible by electronic or photographic means, such records of policies transacted by him
or her as to enable the policyholders and department to obtain all necessary information, including
daily reports, applications, change endorsements, or documents signed or initialed by the insured
concerning such policies. [Section 626.748, Florida Statutes];
(n) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE ACTS.-The
following are defined as unfair methods of competition and unfair or deceptive acts or practices:
False statements and entries.- Knowingly:
a. Filing with any supervisory or other public official,
b. Making, publishing, disseminating, circulating,
c. Delivering to any person,
d. Placing before the public -
e. Causing, directly or indirectly, to be made, published, disseminated, circulated,
delivered to any person, or placed before the public, any false material statement. [Section
626.9541(1)(e)1., Florida Statutes];
(0) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE ACTS.-The
following are defined as unfair methods of competition and unfair or deceptive acts or practices:
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)1., Florida Statutes];
(p) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE ACTS.-The
following:are defined as unfair methods of competition and unfair or deceptive acts or practices:
Illegal dealings in premiums; excess or reduced charges for insurance. - Knowingly collecting as a
premium or charge for insurance any sum in excess of or less than the premium or charge
applicable to such insurance, in accordance with the applicable classifications and rates as filed
with and approved by the Department, and as specified in the policy; or, in cases when
classifications, premiums, or rates are not required by this code to be so filed and approved,
premiums and charges in excess of or less than those specified in the policy and as fixed by the
insurer. [Section 626.9541 (1)(©)2., Florida Statutes]
(q) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE ACTS.-The
following are defined as unfair methods of competition and unfair or deceptive acts or practices:
False claims; obtaining or retaining money dishonestly.-. Any agent, solicitor, collector, or other
person who represents any insurer or collects or does business without the authority of the insurer,
secures cash advances by false statements, or fails to turn over when required, or satisfactorily
account for, all collections of such insurer. [Section 626.9541(1)(u)2., Florida Statues];
(t) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE ACTS.-The
following are defined as unfair methods of competition and unfair or deceptive acts or practices:
Sliding.- Sliding is the act or practice of: Representing to the applicant that a specific ancillary
coverage or product is included in the motor vehicle policy applied for without an additional
charge when such charge is required. [Section 626.954 1(1)(z)2.,Florida Statutes];
(s) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE ACTS.-The
following are defined as unfair methods of competition and unfair or deceptive acts or practices:
Sliding.- Sliding is the act or practice of: Charging an applicant for a specific ancillary coverage or
product, in addition to the cost of the motor vehicle.insurance coverage applied for, without the
informed consent of the applicant. [Section 626.9541(1)(z)3., Florida Statutes];
(t) A licensed general lines agent may charge a per-policy fee not to exceed $10 to cover the
administrative costs of the agent associated with selling the motor vehicle insurance policy if the
policy covers only personal injury protection coverage as provided by s. 627.736 and property
damage liability coverage as provided by s. 627.7275 and if no other insurance is sold or issued in
conjunction with or collateral to the policy. The per-policy fee must be a component of the
insurer's rate filing and may not be charged by an agent unless the fee is included in the filing. The
fee is not considered part of the premium except for purposes of the department's review of
expense factors in a filing made pursuant to s. 627.062. [Section 627.7295(5)(a), Florida Statutes];
COUNT II
35. The above general allegations are realleged and incorporated by reference herein.
36. On January 14, 2000, Bershaun Dixon went to A+ Auto to purchase automobile
insurance. Before going to A+ Auto, Bershaun Dixon called the agency and spoke with you,
MARILYN DIANE MASSEY, about purchasing new automobile insurance.
37. On January 14, 2000, you, MARILYN DIANE MASSEY, solicited and procured
an application for automobile insurance from Bershaun Dixon to be underwritten by Omni.
38. On the phone, you, MARILYN DIANE MASSEY, told Bershaun Dixon that she
would have to pay $136 as a down payment for automobile insurance, but when Bershaun Dixon
went to A+ Auto you quoted a higher down payment of $165.00.
39. On January 14, 2000, Bershaun Dixon gave you a $165.00 money order to cover
her down payment for the automobile insurance with Omni.
40. You, MARILYN DIANE MASSEY, only remitted $75.00 to Omni as a down
payment when Bershaun Dixon paid you $165.00.
41. | You, MARILYN DIANE MASSEY, charged Bershaun Dixon $70.00 for a
towing service that she did not request. You, MARILYN DIANE MASSEY, did not explain that
by signing the Nations Safe Drivers application, Bershaun Dixon would have to pay extra money
for a towing service.
42. You, MARILYN DIANE MASSEY, cannot account for the remaining $20.00,
out of the $165.00, paid by Bershaun Dixon to you, MARILYN DIANE MASSEY, for her down
payment on January 14, 2000.
43. You, MARILYN DIANE MASSEY, never informed Bershaun Dixon that you,
MARILYN DIANE MASSEY, charge a policy fee.
44. You, MARILYN DIANE MASSEY, are not authorized to collect a policy fee
from Bershaun Dixon.
45. You, MARILYN DIANE MASSEY, never gave Bershaun Dixon the Automobile
Service Contract for the towing service that you, MARILYN DIANE MASSEY, charged her for.
You, MARILYN DIANE MASSEY, never gave Bershaun Dixon her copy of the Membership
Application for the towing service.
IT IS THEREFORE CHARGED that you, MARILYN DIANNE MASSEY, have violated
or are accountable under the following provisions of the Florida Insurance Code which constitute
grounds for the suspension or revocation of your licenses as an insurance agent in the state: Sections
626.561 (1); 626.561(2); 626.561(3)(a)(b); 626.61 1(4); 626.61 1(5); 626.61 1(7); 626.611(8);
626.611(9); 626.61 1(10); 626.61 1(13); 626.621(2); 626.621 (6); 626.748; 626.9541(1)(e) 1;
626.9541(1)(k) 1; 626.9541 (1)(0)2; 626.9541(1)(u)2; 626.9541 (1)(z)2; 626.9541 (1)(z)3 and
627.7295(5)(a), Florida Statutes, as more particularly alleged in Count I above.
COUNT III
46. The above general allegations are realleged and incorporated by reference herein.
47. On February 16, 2000, Deryl Cox went to A+ Auto to purchase automobile
insurance.
48. On February 16, 2000, you, MARILYN DIANE MASSEY, solicited and
procured an application for automobile insurance from Deryl Cox to be underwritten by Omni.
49. The down payment for the Omni policy that you, MARILYN DIANE MASSEY,
told Deryl Cox was required was $205.00. On February 16, 2000, Deryl Cox paid you,
MARILYN DIANE MASSEY, $205.00 for her down payment on the Omni automobile
insurance policy.
50. You, MARILYN DIANE MASSEY, only remitted $115.00 to Omni as a down
payment when Dery! Cox paid you $205.00.
51. Since you, MARILYN DIANE MASSEY, did not remit the $205.00 to Omni,
Dery! Cox received a notice of cancellation and additional premium due from Omni.
52. You, MARILYN DIANE MASSEY, charged Deryl Cox $70.00 for a towing
service that she did not request. You, MARILYN DIANE MASSEY, led Dery] Cox to believe
that the Membership Application for Nations Safe Drivers that she signed was a receipt. You,
MARILYN DIANE MASSEY, did not explain that by signing the Nations Safe Drivers
application, Deryl Cox would have to pay extra money for a towing service.
53: You, MARILYN DIANE MASSEY, cannot account for the remaining $20.00,
out of the $205.00, paid by Deryl Cox to you, MARILYN DIANE MASSEY, for her down
payment on February 16, 2000.
54. You, MARILYN DIANE MASSEY, never informed Dery] Cox that you charge a
policy fee.
55. You, MARILYN DIANE MASSEY, are not authorized to collect a policy fee
from Deryl Cox.
56. You, MARILYN DIANE MASSEY, never gave Deryl Cox the Automobile.
Service Contract for the towing service that you, MARILYN DIANE MASSEY, charged her for.
You, MARILYN DIANE MASSEY, never gave Dery! Cox her copy of the Membership
Application for the towing service.
IT IS THEREFORE CHARGED that you, MARILYN DIANNE MASSEY, have violated
or are accountable under the following provisions of the Florida Insurance Code which constitute
grounds for the suspension or revocation of your licenses as an insurance agent in the state: Sections
626.561(1); 626.561(2); 626.561(3)(a)(b); 626.61 1(4); 626.61 1(5); 626.61 1(7); 626.611(8);
626.611(9); 626.61 1(10); 626.61 1(13); 626.621(2); 626.621 (6); 626.748; 626.9541(1)(e) 1;
626.954 1(1)(k) 1; 626.9541(1)(0)2;626.9541(1)(u)2; 626.9541 (1)(z)2;626.9541(1)(z)3 and
627.7295(5)(a), Florida Statutes, as more particularly alleged in Count I above.
COUNT IV
57. The above general allegations are realleged and incorporated by reference herein.
58. On February 4, 2000, Betty Ann Bronson went to A+ Auto to purchase
automobile insurance for her husband’s vehicles.
59. On February 4, 2000, you, MARILYN DIANE MASSEY, solicited and procured
two applications for automobile insurance from Betty Ann Bronson, on behalf of William
Roosevelt Bronson, to be underwritten by Omni.
60. The down payment for the Omni policies and towing service was quoted by you,
MARILYN DIANE MASSEY, to be $280.00. On February 4, 2000, Betty Ann Bronson paid
you, MARILYN DIANE MASSEY, $280.00 in cash for the down payment and towing service.
61. | You, MARILYN DIANE MASSEY, only remitted $109.00 to Omni as a down
payment when Betty Ann Bronson paid $280.00.
62. | You, MARILYN DIANE MASSEY, cannot account for the remaining $101.00,
out of the $280.00, paid by Betty Ann Bronson to you, MARILYN DIANE MASSEY, for her
husband’s down payment on February 4, 2000.
63. | You, MARILYN DIANE MASSEY, never informed Betty Ann Bronson that you
charge a policy fee.
64. You, MARILYN DIANE MASSEY, are not authorized to collect a policy fee
from Betty Ann Bronson or William Roosevelt Bronson.
65. Betty Ann Bronson and/or William Roosevelt Bronson never received their
Automobile Service Contract for the towing service that they purchased. You, MARILYN
DIANE MASSEY, never gave Betty Ann Bronson or William Roosevelt Bronson a copy of their
Membership Application for the towing service.
IT IS THEREFORE CHARGED that you, MARILYN DIANNE MASSEY, have violated
or are accountable under the following provisions of the Florida Insurance Code which constitute
grounds for the suspension or revocation of your licenses as an insurance agent in the state: Sections
626.561(1); 626.561(2); 626.561 (3)(a)(b); 626.61 1(4); 626.61 1(5); 626.61 1(7); 626.61 1(8);
626.611(9); 626.61 1(10); 626.61 1(13); 626.621(2); 626.621 (6); 626.748; 626.9541(1)(e)1;
626.954 1(1)(k)1; 626.9541 (1)(0)2; 626.9541(1)(u)2 and 627.7295(5)(a), Florida Statutes, as more
particularly alleged in Count I above.
COUNT V
66. The above general allegations are realleged and incorporated by reference herein.
67. On February 21, 2000, Michael Jones went to A+ Auto to purchase automobile
insurance.
68. On February 21, 2000, you, MARILYN DIANE MASSEY, solicited and
procured an application for automobile insurance from Michael Jones to be underwritten by
Omni.
69. | The down payment for the Omni policy you, MARILYN DIANE MASSEY,
quoted was $245.00 which Michael Jones paid in cash on February 21, 2000.
70. | You, MARILYN DIANE MASSEY, only remitted $154.00 to Omni as a down
payment when Michael Jones paid $245.00.
71. You, MARILYN DIANE MASSEY, charged Michael Jones $70.00 for a towing
service that he did not request. You, MARILYN DIANE MASSEY, did not explain that by
signing the Nations Safe Drivers application, Michael Jones would have to pay extra money for a
towing service.
72. You, MARILYN DIANE MASSEY, cannot account for the remaining $21.00,
out of the $245.00, paid by Michael Jones to you, MARILYN DIANE MASSEY, for his down
payment on February 21, 2000.
73. You, MARILYN DIANE MASSEY, never informed Michael Jones that you
charge a policy fee. :
‘74. You, MARILYN DIANE MASSEY, are not authorized to collect a policy fee
from Michael Jones.
75. You, MARILYN DIANE MASSEY, did not give Michael Jones the Automobile
Service Contract for the towing service that you, MARILYN DIANE MASSEY, charged him for
until May 4, 2000. You, MARILYN DIANE MASSEY, did not give Michael Jones his copy of
‘the Membership Application for the towing service until May 4, 2000. You, MARILYN DIANE
MASSEY, delivered these documents to Michael Jones two months after charging him for the
towing service.
76. Michael Jones was unaware that he had a towing service until May 4, 2000.
IT IS THEREFORE CHARGED that you, MARILYN DIANNE MASSEY, have violated
or are accountable under the following provisions of the Florida Insurance Code which constitute
grounds for the suspension or revocation of your licenses as an insurance agent in the state: Sections
626.561(1); 626.561 (2); 626.561(3)(a)(b); 626.61 1(4); 626.61 1(5); 626.61 1(7); 626.611(8);
626.611(9); 626.61 1(10); 626.61 1(13); 626.621 (2); 626.621(6); 626.748; 626.9541(1)(e)1;
626.9541 (1)(k)1; 626.9541 (1)(0)2;626.9541(1)(u)2;626.9541(1)(z)2;626.9541(1)(z)3 and
627.7295(5)(a), Florida Statutes, as more particularly alleged in Count I above.
COUNT VI
77. The above general allegations are realleged and incorporated by reference herein.
78. On February 16, 2000, Phyllis Hamilton went to A+ Auto to purchase automobile
insurance.
16
79. On February 16, 2000, you, MARILYN DIANE MASSEY, solicited and
procured an application for automobile insurance from Phyllis Hamilton to be underwritten by
Omni.
80: _ The down payment for the Omni policy that you, MARILYN DIANE MASSEY,
quoted to Phyllis Hamilton was $245.00. On February 16, 2000, Phyllis Hamilton paid you,
MARILYN DIANE MASSEY, $245.00 in cash, for her down payment on the Omni automobile
insurance policy.
81. | You, MARILYN DIANE MASSEY, only remitted $75.00 to Omni as a down
payment when Phyllis Hamilton paid you $245.00.
82. You, MARILYN DIANE MASSEY, told Phyllis Hamilton that you did send all
the money ($245.00) to Omni. You, MARILYN DIANE MASSEY, told her that the bill from
Omni must be for the next month’s premium.
83. | You, MARILYN DIANE MASSEY, charged Phyllis Hamilton $70.00 for a
towing service that she did not request. You, MARILYN DIANE MASSEY, led Phyllis
Hamilton to believe that the towing service was included in the insurance policy from Omni.
You, MARILYN DIANE MASSEY, did not explain that by signing the Nations Safe Drivers
application, Phyllis Hamilton would have to pay extra money for the towing service.
84. You, MARILYN DIANE MASSEY, cannot account for the remaining $100.00,
out of the $245.00, paid by Phyllis Hamilton to you, MARILYN DIANE MASSEY, for her
down payment on February 16, 2000.
85. You, MARILYN DIANE MASSEY, never informed Phyllis Hamilton that you
charge a policy fee.
17
86. You, MARILYN DIANE MASSEY, are not authorized to collect a policy fee
from Phyllis Hamilton.
87. You, MARILYN DIANE MASSEY, never gave Phyllis Hamilton the Automobile
Service Contract for the towing service that you, MARILYN DIANE MASSEY, charged her for.
You, MARILYN DIANE MASSEY, never gave Phyllis Hamilton her copy of the Membership
Application for the towing service.
IT IS THEREFORE CHARGED that you, MARILYN DIANNE MASSEY, have violated
or are accountable under the following provisions of the Florida Insurance Code which constitute
grounds for the suspension or revocation of your licenses as an insurance agent in the state: Sections
626.561(1); 626.561 (2); 626.561(3)(a)(b); 626.61 1(4); 626.61 1(5); 626.611(7); 626.611(8);
626.61 1(9); 626.611(10); 626.611(13); 626.621(2); 626.621(6); 626.748; 626.9541(1)(e)1;
626.9541(1)(k)1; 626.954 1(1)(0)2; 626.954 1(1)(u)2; 626.9541 (1)(z)2; 626.9541(1)(z)3 and
627.7295(5)(a), Florida Statutes, as more particularly alleged in Count I above.
COUNT VII
88. The above general allegations are realleged and incorporated by reference herein.
89. On January 15, 2000, Cameron Brown went to A+ Auto to purchase automobile
insurance.
90. On January 15, 2000, you, MARILYN DIANE MASSEY, solicited and procured
an application for automobile insurance from Cameron Brown to be underwritten by Omni.
91. The six-month premium for the Omni policy that you, MARILYN DIANE
MASSEY, quoted Cameron Brown was $175.00. On January 15, 2000, Cameron Brown paid
you, MARILYN DIANE MASSEY, $100.00 in cash towards his premium on the Omni
automobile insurance policy. The following week, Cameron Brown paid your daughter the
remaining $75.00 towards his premium on the Omni automobile insurance policy.
92. You, MARILYN DIANE MASSEY, only remitted $50.00 to Omni as a down |
payment when Cameron Brown paid you $175.00 for the full premium payment.
93. You, MARILYN DIANE MASSEY, charged Cameron Brown $70.00 fora
towing service that he did not request. You, MARILYN DIANE MASSEY, did not explain that
by signing the Nations Safe Drivers application, Cameron Brown would have to pay extra money
for a towing service.
94. | You, MARILYN DIANE MASSEY, charged Cameron Brown a policy fee of at
least $23.00. According to Cameron Brown, at least $55.00 of the $175.00 he paid you,
MARILYN DIANE MASSEY, is not accounted for.
95. You, MARILYN DIANE MASSEY, never informed Cameron Brown that you
charge a policy fee.
96. | You, MARILYN DIANE MASSEY, are not authorized to collect a policy fee
from Cameron Brown.
97. Asaresult of your failure to remit the entire premium paid by Cameron Brown to
you, MARILYN DIANE MASSEY, his automobile insurance policy with Omni was cancelled
on February 17, 2000.
98. As aresult of your failure to remit the entire premium paid by Cameron Brown to
you, MARILYN DIANE MASSEY, Cameron Brown was ticketed by the Quincy Police
Department for not having proof of insurance when his car was involved in an accident.
IT IS THEREFORE CHARGED that you, MARILYN DIANNE MASSEY, have violated
or are accountable under the following provisions of the Florida Insurance Code which constitute
grounds for the suspension or revocation of your licenses as an insurance agent in the state: Sections
626.561(1);626.561(2); 626.561 (3)(a)(b); 626.61 1(4); 626.61 1(5); 626.61 1(7); 626.611(8);
626.611(9); 626.611(10); 626.61 1(13); 626.621(2); 626.621(6); 626.748; 626.9541 (1ye)1;
626.954 1(1)(k)1; 626.9541 (1)(0)2; 626.954 1(1)(u)2;626.9541(1)(z)2;626.9541(1)(z)3 and
627.7295(5)(a), Florida Statutes, as more particularly alleged in Count I above.
COUNT VIII
99. The above general allegations are realleged and incorporated by reference herein.
100. On June 6, 2000, Kerwyn Wilson went to A+ Auto to purchase automobile
insurance.
101. On June 6, 2000, you, MARILYN DIANE MASSEY, solicited and procured an
application for automobile insurance from Kerwyn Wilson to be underwritten by Workmen’s
Auto.
102. The down payment for the Workmen’s Auto policy that you, MARILYN DIANE
MASSEY, quoted Kerwyn Wilson was $131.00. On June 6, 2000, Kerwyn Wilson paid you,
MARILYN DIANE MASSEY, $131.00 in cash for her down payment on the Workmen’s Auto
insurance policy. ;
103. You, MARILYN DIANE MASSEY, only remitted $81.00 to Workmen’s Auto as
a down payment when Kerwyn Wilson paid you $131.00.
104. You, MARILYN DIANE MASSEY, either cannot account for the remaining
$50.00, out of the $131.00, paid by Kerwyn Wilson to you, MARILYN DIANE MASSEY for
her down payment on June 6, 2000 or you, MARILYN DIANE MASSEY, charged Kerwyn
Wilson a $50.00 policy fee.
20
105. You, MARILYN DIANE MASSEY, never informed Kerwyn Wilson that you
charge a policy fee.
106. You, MARILYN DIANE MASSEY, are not authorized to collect a policy fee
from Kerwyn Wilson.
IT IS THEREFORE CHARGED that you, MARILYN DIANNE MASSEY, have violated
or are accountable under the following provisions of the Florida Insurance Code which constitute
grounds for the suspension or revocation of your licenses as an insurance agent in the state: Sections
626.561(1); 626.56 1 (2); 626.561(3)(a)(b);626.61 1(4); 626.61 1(5); 626.61 1(7); 626.611(8);
626.611(9); 626.61 1(10); 626.611(13); 626.621(2); 626.62 1(6); 626.748; 626.9541(1)(e)1;
626.9541 ( 1)(K)1; 626.9541 (1)(0)2; 626.9541(1)(u)2 and 627.7295(5)(a), Florida Statutes, as more
particularly alleged in Count I above.
COUNT IX
107. The above general allegations are realleged and incorporated by reference herein.
108. On May 17, 2000, Leonard Farmer went to A+ Auto to purchase automobile
insurance.
109. On May 17, 2000, you, MARILYN DIANE MASSEY, solicited and procured and
application for automobile insurance from Leonard Farmer to be underwritten by Workmen’s
Auto.
110. The down payment for the Workmen’s Auto policy that you, MARILYN DIANE
MASSEY, quoted was $121.00. On May 17, 2000, Leonard Farmer paid you, MARILYN
DIANE MASSEY, $121.00 by check for his down payment on the Workmen’s Auto insurance
policy.
21
111. You, MARILYN DIANE MASSEY, only remitted $71.00 to Workmen’s Auto as
a down payment when Leonard Farmer paid you $121.00. .
112. You, MARILYN DIANE MASSEY, either cannot account for the remaining
$50.00, out of the $121.00, paid by Leonard Farmer to you, MARILYN DIANE MASSEY for
his down payment on May 17, 2000 or you, MARILYN DIANE MASSEY, charged Leonard
Farmer a $50.00 policy fee.
113. You, MARILYN DIANE MASSEY, never informed Leonard Farmer that you
charge a policy fee.
114. You, MARILYN DIANE MASSEY, are not authorized to collect a policy fee
from Leonard Farmer.
115. On July 17, 2000, you, MARILYN DIANE MASSEY, had Leonard Farmer’s
original policy from Workmen’s Auto in your files. Leonard Farmer’s coverage was effective on
May 17, 2000.
IT IS THEREFORE CHARGED that you, MARILYN DIANNE MASSEY, have violated
or are accountable under the following provisions of the Florida Insurance Code which constitute
grounds for the suspension or revocation of your licenses as an insurance agent in the state: Sections
626.561 (1); 626.561 (2); 626.561(3){a)(b); 626.61 1(4); 626.61 1(5); 626.611(7); 626.61 1(8);
626.611(9); 626.611(10); 626.61 1(13); 626.621(2); 626.621(6); 626.748; 626.9541 (1)(e)1;
626.9541 (1)(k)1; 626.954 1(1)(0)2; 626.954 1(1)(u)2 and 627.7295(5)(a), Florida Statutes, as more
particularly alleged in Count I above and Section 627.421(1), Florida Statutes: Subject to the
insurer’ s requirement as to payment of premium, every policy shall be mailed or delivered to the
insured or to the person entitled thereto not later than 60 days after the effectuation of coverage.
22
WHEREFORE, you, MARILYN DIANNE MASSEY, 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 626.611, 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.
NOTICE OF RIGHTS
Pursuant to Sections 120.569 and 120.57, Florida Statutes and Rule Chapter 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.
23
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 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
Chapter 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.
Ifyou 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.
You are hereby notified that mediation under Section 120.573, Florida Statutes, is not
available.
24
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.
DATED and SIGNED this £ “Y(day 0 Ley peg lith,2000 ,
ILL NELSON
Treasurer and
Insurance Commissioner
25
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE
COMPLAINT has been furnished to: MARILYN DIANNE MASSEY, 1237 BERRY STREET
QUINCY, FLORIDA 32351-4601; MARILYN DIANNE MASSEY, A+ AUTO, INC., 101
EAST ay of es STREET, QUINCY, FLORIDA 32351-2407, by U.S. Certified Mail this
>
16° day of 2000.
Anoush A. Arakalian
Florida Bar No.: 0005126
Division of Legal Services
612 Larson Building
Tallahassee, Fl 32399-0333
(850) 413-4116
26
Docket for Case No: 00-004250PL
Issue Date |
Proceedings |
May 17, 2002 |
Order Closing File issued. CASE CLOSED.
|
May 15, 2002 |
Joint Motion to Relinquish Jurisdiction filed.
|
Apr. 09, 2002 |
Respondent`s Responses to Petitioner`s Request for Production of Documents filed.
|
Apr. 05, 2002 |
Notice of Propounding First Set of Interrogatories to Petitioner, Department of Insurance filed by Respondent.
|
Mar. 20, 2002 |
Order Granting Continuance and Re-scheduling Hearing issued (hearing set for May 20 through 22, 2002; 9:00 a.m.; Tallahassee, FL).
|
Mar. 14, 2002 |
Motion for Continuance filed by Petitioner.
|
Mar. 07, 2002 |
Notice of Service of Petitioner`s First Set of Interrogatories, Request for Admissions, and Production of Documents to Respondent filed.
|
Jan. 30, 2002 |
Order of Pre-hearing Instructions issued.
|
Jan. 30, 2002 |
Notice of Hearing issued (hearing set for April 8 through 10, 2002; 9:00 a.m.; Tallahassee, FL).
|
Jan. 22, 2002 |
Joint Response Concerning Final Hearing Dates filed.
|
Nov. 27, 2001 |
Joint Response to Order Continuing Case in Abeyance filed by Petitioner.
|
Nov. 14, 2001 |
Order Continuing Case in Abeyance issued (parties to advise status by November 27, 2001).
|
Nov. 13, 2001 |
Joint Response to Order Continuing Case in Abeyance filed.
|
Oct. 29, 2001 |
Order Continuing Case in Abeyance issued (parties to advise status by November 13, 2001).
|
Oct. 23, 2001 |
Joint Response to Order Continuing Case in Abeyance filed.
|
Sep. 28, 2001 |
Order Continuing Case in Abeyance issued (parties to advise status by October 23, 2001).
|
Sep. 26, 2001 |
Joint Response to Order Continuing Case in Abeyance filed by Petitioner.
|
Sep. 06, 2001 |
Order Continuing Case in Abeyance issued (parties to advise status by September 26, 2001).
|
Sep. 05, 2001 |
Joint Response to Order Continuing Case in Abeyance filed.
|
Aug. 01, 2001 |
Order Continuing Case in Abeyance issued (parties to advise status by September 5, 2001).
|
Jul. 25, 2001 |
Joint Response to Orer Continuing Case in Abeyance filed.
|
Jun. 13, 2001 |
Order Continuing Case in Abeyance issued (parties to advise status by July 25, 2001).
|
Jun. 12, 2001 |
Joint Response to Order Continuing Case in Abeyance filed.
|
Jun. 01, 2001 |
Order Placing Case in Abeyance issued (parties to advise status by June 15, 2001).
|
May 30, 2001 |
Joint Request for Extension to Report Case Status (filed via facsimile).
|
Apr. 09, 2001 |
Order issued (hearing cancelled, parties to advise status by 05/30/2001).
|
Apr. 05, 2001 |
Response to Motion for Second Continuance filed by Petitioner.
|
Apr. 03, 2001 |
Motion for Second Continuance (filed by Respondent via facsimile).
|
Feb. 05, 2001 |
Order Granting Continuance and Re-scheduling Hearing issued (hearing set for April 18 through 20, 2001; 9:00 a.m.; Tallahassee, FL).
|
Jan. 26, 2001 |
Unopposed Motion for Continuance filed.
|
Jan. 19, 2001 |
Notice of Hearing issued (hearing set for April 17 through 19, 2001; 9:00 a.m.; Tallahassee, FL).
|
Jan. 11, 2001 |
Joint Response to Order Granting Continuance and Placing Case in Abeyance filed.
|
Nov. 13, 2000 |
Order Granting Continuance and Placing Case in Abeyance issued (parties to advise status by January 12, 2001).
|
Nov. 08, 2000 |
Motion for Continuance filed by Respondent.
|
Oct. 26, 2000 |
Order of Pre-hearing Instructions issued.
|
Oct. 26, 2000 |
Notice of Hearing issued (hearing set for December 14, 2000; 9:00 a.m.; Tallahassee, FL).
|
Oct. 23, 2000 |
Joint Response to Revised Initial Order filed.
|
Oct. 17, 2000 |
Initial Order issued. |
Oct. 16, 2000 |
Election of Rights (unsigned) filed.
|
Oct. 16, 2000 |
Petition for Formal Hearing filed.
|
Oct. 16, 2000 |
Administrative Complaint filed.
|
Oct. 16, 2000 |
Agency referral filed.
|