THE TREASURER OF THE STATE OF FLORIDA DEPARTMENT OF INSURANCE Tom GALLAGHER IN THE MATTER OF: ADRIAN HOLBEIN BRIGANTE / ADMINISTRATIVE COMPLAINT TO: ADRIAN HOLBEIN BRIGANTE c/o Jed Berman, Esquire 180 South Knowles Avenue Suite 7 Winter Park, Florida 32789 You, ADRIAN HOLBEIN BRIGANTE, 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, and Chapter 642, Florida Statutes, you, ADRIAN HOLBEIN BRIGANTE, license LD. No. A030172, are currently licensed in this State as general lines insurance agent (2-20), a Residential Property and Casualty Joint Underwriting Association representative (0-17), a health insurance agent (2-40), and a legal expense insurance agent (2- 56). . 2. At all times relevant to the dates and occurrences set forth herein, you, ADRIAN HOLBEIN BRIGANTE, were licensed in this State as a general lines insurance agent, Residential Property Casualty Joint Underwriting Association representative, a health insurance agent, and a legal expense insurance agent. 3. Pursuant to Chapter 626, and Chapter 642 Florida Statutes, the Florida Department of Insurance has jurisdiction over your insurarice licenses and appointments. 4. Pursuant to Section 626.561, Florida Statutes, all premiums, return premiums, or other funds belonging to insurers or others received by you, ADRIAN HOLBEIN BRIGANTE, constituted trust funds, received in a fiduciary capacity, and you, ADRIAN HOLBEIN BRIGANTE, were and remain obligated to account for and pay such funds to the insurer, insured, or other persons lawfully entitled thereto in the applicable regular course of business. 5. At all times pertinent to the dates and allegations contained herein you, ADRIAN ‘HOLBEIN BRIGANTE, had signatory authority over the First Bank of Miami bank account numbers 0130007323, 0130007463, and 0130007811 located in Miami, Florida. All accounts were in the name of Dade Insurance Agency, Inc. 6. At all times relevant hereto, you, ADRIAN HOLBEIN BRIGANTE, were the President of Dade Insurance Agency, Inc., located at 921 SW 27th Avenue, #2B, Miami, Florida 33135, which entity was an incorporated general lines insurance agency within the meaning of section 626.734, Florida Statutes. 7. At all times relevant here hereto, you, ADRIAN HOLBEIN BRIGANTE, were the primary agent of Dade Insurance Agency, Inc., located at 921 27" Avenue, #2B, Miami, _ Florida 33135. As the primary agent, you, ADRIAN HOLBEIN BRIGANTE, are responsible and accountable for acts of salaried employees under your direct supervision and control, while acting on behalf of Dade Insurance Agency. 8. All references made herein to you, ADRIAN HOLBEIN BRIGANTE, include persons working and, or, acting under your supervision and control. seb 8: PabRE gi COUNTI 9. The General Allegations set forth in Paragraphs 1 through 8 above are hereby realleged and fully incorporated herein by reference. 10. Onor about October 4, 1999, Rosa Maria Camarillo went to Dade Insurance Agency to renew her automobile insurance. ll. You, ADRIAN HOLBEIN BRIGANTE, misrepresented to Ms. Camarillo that the down payment on her automobile insurance was $724.20 and that she would be required to pay the remaining balance in nine (9) monthly payments of $98.40 each. 12. Ms. Camarillo, gave you, ADRIAN HOLBEIN BRIGANTE, the amount of $724.20 from her checking account as down payment for what she believed was only automobile insurance. 13. The true down payment due from Ms. Camarillo for the automobile insurance policy with Eagle Insurance company plus the cost of the legal expense insurance charged to Ms. Camarillo without her knowledge was $264.00, as reflected in the Appco premium finance agreement. 14. You, ADRIAN HOLBEIN BRIGANTE, told Ms. Camarillo that her signature was not necessary since her automobile insurance was being renewed. 15. You, ADRIAN HOLDBEIN BRIGAN TE, or someone under your direct supervision and control, signed Ms. Camarillo's name on the automobile insurance application to Eagle Insurance Company, toa legal expense plan application with LMO America Legal Expense Insurance Corporation, and to the premium finance agreement with Appco Finance Corporation, all without Ms. Camarillo's consent or knowledge. w fo ee er ee a 16. You, ADRIAN HOLBEIN BRIGANTE, misrepresented to Ms. Camarillo that the automobile insurance she purchased included a legal expense plan at no additional charge. You, ADRIAN HOLBEIN BRIGANTE, failed to disclose that Ms. Camarillo's down payment of $724.20 included a charge of $95.00 for a legal expense plan with LMO America Legal Expense Insurance Corporation, as is reflected on the Appco premium finance agreement which Ms. Camarillo never authorized or even saw. 17. You, ADRIAN HOLBEIN BRIGANTE, caused Ms. Camarillo to be charged $95.00 for an LMO America legal expense plan that she did not want, did not know she was being charged for, and would not have agreed to purchase if she had been informed of the cost. 18. = You, ADRIAN HOLBEIN BRIGANTE, or someone working under your direct supervision an control, have failed to account for or misappropriated $460.00 of Ms. Camarillo's $724.20 payment that she made to you on October 4, 1999. | 19. | You, ADRIAN HOLBEIN BRIGANTE, or someone working under your direct supervision or control, misrepresented Ms. Camarillo's address on her application with Eagle Insurance Company. Ms. Camarillo's actual address is 1408 Brickell Bay Drive, Apartment 315, Miami, Florida 33131. However, you, ADRIAN HOLBEIN BRIGANTE, or someone working under your direct supervision and control, represented to Eagle Insurance Company that Ms. Camarillo's address was 15580 NW 12 Street, Pembroke Pines, Florida 33028. 20. The misrepresentation of Ms. Camarillo's address to Eagle Insurance Company was to place Ms. Camarillo in a lower premium rating territory, making the policy easier to sell. This misrepresentation deprived Eagle Insurance of the approved insurance premiums to which it was lawfully entitled. ce oe STEED a RRR IT IS THEREFORE CHARGED that you, ADRIAN HOLBEIN BRIGANTE, 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) Willful misrepresentation of any insurance policy or annuity contract or willful ~ deception with regard to any such policy or contract. [Section 626.611(5), Florida Statutes]. (b) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; (b) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), Florida Statutes]; (c) Willful failure to comply with, or willful violation of, an order or rule of the [Department of Insurance] or willful violation of any provision of [the Florida Insurance Code]. [Section 626.611(13), Florida Statutes]; -(@ 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]; (e) 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]; . (ff) 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 aA wes eR ote ee unfair method of competition or an unfair or deceptive act or practice involving the business of insurance. [Section 626.9521(1), Florida Statutes]; (g) Knowingly making, issuing, circulating, or causing to be made, issued, or circulated, any estimate, illustration, circular, statement, sales presentation, omission, or comparison which: 1. Misrepresents the benefits, advantages, conditions, or terms of any insurance policy. [Section 626.9541(1)(a)1., Florida Statutes]; (h) 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]; (i) 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 626.9541(1)(z)2., Florida Statutes]; and @) 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]. COUNT IH 21. The General Allegations set forth in Paragraphs 1 through 8 above are hereby realleged and fully incorporated herein by reference. 22. Onor about August 27, 1999, Deborah Sastrias called Dade Insurance Agency to renew her car insurance. 23. Ms. Sastrias spoke to Maria Lopez, and employee under your, ADRIAN HOLBEIN BRIGANTE, direct supervision and control, who misrepresented that the down payment due on automobile insurance was $615.57, and that she would be required to pay the remaining balance in nine (9) monthly payments of $118.18 each. 24. Asaresult of the misrepresentation made by Maria Lopez, Ms. Sastrias paid $615.57 by credit card for the down payment for what she believed was only automobile insurance. 25. The true down payment due from Ms. Sastrias for the automobile insurance policy with Connecticut Indemnity Urban Underwriters plus the cost for legal expense insurance charged to Ms. Sastrias without her knowledge was $318.00. 26. Maria Lopez was not licensed to transact insurance in the State of Florida during the course of these events, 27. You, ADRIAN HOLBEIN BRIGANTE, knew or should have known that Maria Lopez was not licensed to transact insurance in the State of Florida during the course of these events. 28. By allowing an enabling Maria Lopez to transact insurance without a license, you, ADRIAN HOLBEIN BRIGANTE, aided and abetted Maria Lopez in the unlawful transaction of insurance. 29. You, ADRIAN HOLBEIN BRIGANTE, or someone working under your direct supervision and control, signed Ms. Satrias's name on the automobile insurance application to Connecticut Indemnity Underwriters, to a legal expense plan application with LMO America Legal Expense Insurance Corporation, and to the premium finance agreement with Appco Finance Corporation, all without Ms. Sastrias's consent or knowledge. Ul aelidacsiedil 30. You, ADRIAN HOLBEIN BRIGANTE, or someone working under your direct supervision and control, misrepresented to Ms. Sastrias that the automobile insurance she purchased included a legal expense plan at no additional charge. You, ADRIAN HOLBEIN BRIGANTE, or someone working under your direct supervision and control failed to disclose that Ms. Sastrias's down payment of $615.57 included a charge of $140.00 for a legal expense plan with LMO America Legal Expense Insurance Corporation, as reflected on the Appco premium finance agreement which Ms. Sastrias never authorized or even saw. 31. You, ADRIAN HOLBEIN BRIGANTE, were not appointed with LMO America Legal Expense Insurance Corporation to sell legal expense policies. 32. You, ADRIAN HOLBEIN BRIGANTE, or someone under your direct supervision and control, have failed to account for or misappropriated $297.57 of Ms. Sastrias's $615.57 payment that she made to you on August 27, 1999. 33. You, ADRIAN HOLBEIN BRIGANTE, or someone working under your direct’ supervision or control, misrepresented Ms. Sastrias's address on her insurance application with Connecticut Indemnity Insurance. Ms. Sastrias’ $ actual address i is 1990 Brickell Avenue #6, - Miami, Florida. However you ADRIAN HOLBEIN BRIGANTE, or someone working under your direct supervision and control, represented to Connecticut Indemnity t that Ms. Sastrias's address was 8410 Sherman Circle Drive #405, Miramar, Florida 33025. 34, The misrepresentation of Ms. Sastrias's address to Connecticut Indemnity Insurance Company was to place Ms. Sastrias in a lower premium rating territory, making the policy easier to sell. This misrepresentation deprived Connecticut Indemnity Insurance Company of the approved insurance premiums to which it was lawfully entitled. spe comegns pete, gees en envtueeie promi wes gqnni wee 35. You, ADRIAN HOLBIEN BRIGANTE, never sent Ms. Sastrias a copy of her insurance policy with Connecticut Indemnity Insurance Company. IT IS THEREFORE CHARGED that you, ADRIAN HOLBEIN BRIGANTE, have violated or are accountable under the following provisions of the Florida Insurance Code and tules of the Department of Insurance which constitute grounds for the suspension or revocation of your licenses, registrations, or appointments as an insurance agent: : ( (a) Sections 626.611(5), 626.611(7), 626.611(9), 626.611(13), 626.621(2), 626.621(5), 626.621(6), 626.9521(1), 626.9541(1)(a)1., 626.954(1)(k)1., 626.9541(1)(z)2., 626.9541(1)(z)3., Florida Statutes, which are more fully set forth in Counts I above and fully incorporated herein by reference. (b) A general lines agent who is an officer, director, or stockholder of an incorporated general lines insurance agency shall remain personally and fully liable and accountable for any wrongful acts, misconduct, or violations of any provisions of this code committed by such ‘licensee or by an person under his or her direct supervision and control while acting on behalf of the corporation. [Section 626.734, Florida Statutes]; (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]. @ ‘Subject to the insurer's requirement as to payment of a premium, every policy shall be mailed or delivered to the insured or the person entitled thereto not later than 60 days after the effectuation of coverage. [627.421(1), Florida Statutes]. ee Reger re gee COUNT IIT 36. The General Allegations set forth in Paragraphs 1 through 8 above are hereby realleged and fully incorporated herein by reference. : 37. On or about April 12, 1999, Angelica Maria Londono went to Bill Seidle's Mitsubishi, located at 2757 NW 36" Street, Miami, Florida to purchase an automobile. Ms. Londono met with the finance manager at the dealership, Amos Fernandez, who advised her she needed to purchase automobile insurance for her new vehicle. Mr. Fernandez called local insurance agencies to obtain insurance for Ms. Londono. 38. On or about April 12, 1999, you, ADRIAN HOLBEIN BRIGANTE, or someone working under your direct supervision and control, misrepresented to Ms. Londono that the down payment on her automobile insurance was $600.00 and that she would be required to pay the remaining balance in nine (9) monthly payments of $134.74 each. 39. Asadirect result of the misrepresentation you, ADRIAN HOLBEIN BRIGANTE, or someone working under your direct supervision and control, made to Mr. Fernandez, Ms. Londono gave Mr. Fernandez the amount of $600.00 from her checking account for what she believed was only automobile insurance. 40. The true down payment due from Ms. Londono for the automobile insurance policy with Fortune Insurance Company plus the cost of a legal expense insurance charged to Ms. Londono without her knowledge was $355.00, as reflected in the Appco premium finance agreement. 41. You, ADRIAN HOLBEIN BRIGANTE, or someone working under your direct supervision and control, signed Ms. Londono's name on the automobile insurance application to Fortune Insurance Company, to a legal expense plan with LMO America Legal Expense Insurance Corporation, and to the premium finance agreement with Appco Finance Corporation, all without Ms. Londono's consent or knowledge. 42. You, ADRIAN HOLBEIN BRIGANTE, or someone working under your direct supervision and control, misrepresented that the automobile insurance she purchased included a legal expense plan at no additional charge. You, ADRIAN HOLBEIN BRIGANTE, failed to disclose that Ms. Londono's down payment of $600.00 included a charge of $215.00 for a legal expense plan with LMO America Legal Expense Insurance Corporation, as is reflected on the Appco premium finance agreement which Ms. Londono never authorized or even saw. 43. You, ADRIAN HOLBEIN BRIGANTE, were not appointed with LMO America Legal Expense Insurance Corporation to sell legal expense policies. 44, You, ADRIAN HOLBEIN BRIGANTE, caused Ms. Londono to be charged $215.00 for an LMO America legal expense plan that she did not want, did not know she was being charged for, and would not have agreed to purchase if she had been informed of the cost. 45. You, ADRIAN HOLBEIN BRIGANTE, or someone under your direct supervision and control, have failed to account for or misappropriated $245.00 of Ms. Londono's $600.00 payment that she made to you on or about April 12, 1999. 46. You, ADRIAN HOLBEIN BRIGANTE, or someone working under your direct supervision or control, misrepresented Ms. Londono's address on her insurance application with Fortune Insurance Company. Ms. Londono's actual address is12720 SW 64 Terrace, Miami, Florida 33183. However, you ADRIAN HOLBEIN BRIGANTE, or someone working under your direct supervision and control, represented to Fortune Insurance Company that Ms. Londono's address was 312 Cactus, Key Largo, Florida 33070. : ‘ “y i RIN ef aR 47. The misrepresentation of Ms. Londono's address to Fortune Insurance Company was to place Ms. Londono in a lower premium rating territory, making the policy easier to sell. This misrepresentation deprived Fortune Insurance Company of the approved insurance premiums to which it was lawfully entitled. 48. You, ADRIAN HOLBEIN BRIGANTE, or someone working under your direct supervision and control, failed to send Ms. Londono a copy of her insurance policy with Fortune Insurance Company. 49, On or about February 11, 2000, you, ADRIAN HOLBEIN BRIGANTE, sent a letter on behalf of the Dade Insurance Agency misrepresenting to Ms. Londono that the Department was conducting a "routine investigation” of insurance agencies throughout the state. You, ADRIAN HOLBEIN BRIGANTE, attempted to interfere with the Department's investigation of your activities as an insurance agent in this State. IT IS THEREFORE CHARGED that you, ADRIAN HOLBEIN BRIGANTE, 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, or appointments as an insurance agent: ; (@) ‘Sections 626.61 16), 626.61 1, 626.61 10), 626.61 1(13), 626.621(2), 626.621(5), 626.621(6), 626.9521(1), 626.9541 (1)(a)1., 626.954(1\k)1., 626.9541(1)(z)2., 626.9541(1)(z)3., Florida Statutes, which are mote fully set forth in Counts I above and fully incorporated herein by reference. (b) An general lines agent who is an officer, director, or stockholder of an incorporated general lines insurance agency shall remain personally and fully liable and accountable for any wrongful acts, misconduct, or violations of any provisions of this code ce de committed by such licensee or by an person under his or her direct supervision and control while acting on behalf of the corporation. [Section 626.734, Florida Statutes]; (c) Any individual who willfully obstructs the department or its examiner in the examinations or investigations authorized by this part is guilty of a misdemeanor and upon conviction shall be punished as provided in s. 624.15. [Section 624.318(6), Florida Statutes]. COUNT IV 50. The General Allegations set forth in Paragraphs | through 8 above are hereby realleged and fully incorporated herein by reference. 51. On or about July 6, 1999, Patricia Garner went to Marlin Mazda to purchase an automobile. At the time of purchase an unidentified car salesman informed Ms. Garner that she needed to purchase automobile insurance for her new vehicle. The car salesman called local insurance agencies to obtain insurance for Ms. Garner. 52. On or about July 6, 1999, you, ADRIAN HOLBEIN BRIGANTE, or someone working under your direct supervision and control, misrepresented to Ms. Garner that the down payment on her automobile insurance was $528.00 and that she would be required to pay the remaining balance in nine (9) monthly payments of $114.91 each. 53. Ms. Garner paid the amount of $528.00 from her checking account to Dade Insurance Agency for what she believed was only automobile insurance. 54. The true down payment due from. Ms. Garner for the automobile insurance policy with Delta Casualty Company plus the cost of legal expense insurance charged to Ms. Garner without her knowledge was $ 301.00, as reflected in the Appco premium finance agreement. am 55. | You, ADRIAN HOLBEIN BRIGANTE, or someone working under your direct supervision and control, signed Ms. Garner's name on the automobile insurance application to Delta Casualty Company, to a legal expense plan with LMO America Legal Expense Insurance Corporation, and to the premium finance agreement with Appco Finance Corporation, all without Ms. Garner's consent or knowledge. 56. You, ADRIAN HOLBEIN BRIGANTE, or someone working under your direct supervision and control, misrepresented that the automobile insurance she purchased included a legal expense plan at no additional charge. You, ADRIAN HOLBEIN BRIGANTE failed to disclose that Ms. Garner's down payment of $528.00 included a charge of $140.00 for a legal expense plan with LMO America Legal Expense Insurance Corporation, as is reflected on the Appco premium finance agreement which Ms. Garner never authorized or even saw. 57. You, ADRIAN HOLBEIN BRIGANTE, or someone working under your direct supervision and control, caused Ms. Garner to be charged $140.00 for an LMO America legal expense plan that she did not want, did not know she was being charged for, and would not have agreed to purchase if she had been informed of the cost. 58. | You, ADRIAN HOLBEIN BRIGANTE, or someone working under your direct supervision and control, have failed to account for or misappropriated $227.00 of Ms. Garner's $528.00 payment made to you on July 6, 1999. . 59. | You, ADRIAN HOLBEIN BRIGANTE, were not appointed with LMO America Legal Expense Insurance Corporation to sell legal expense policies. 60. You, ADRIAN HOLBEIN BRIGANTE, or someone working under your direct supervision and control, misrepresented Ms. Garner's address on her application with Delta Casualty Company. Ms. Garner's actual address is 18025 NE 43 Ct., Miami, Florida 33055. ST dl tealhbal However, you, ADRIAN HOLBEING BRIGANTE, or someone working under your supervision and control, represented to Delta Casualty Company that Ms. Garner's address was 18025 Northwest 43 Ct., Opa Locka, Florida 33055. 61. The misrepresentation of Ms. Garner's address to Delta Casualty Company was to place Ms. Garner in a lower premium rating territory, making the policy easier to sell. This misrepresentation deprived Eagle Insurance of the approved insurance premiums to which it was lawfully entitled. 62. On or about February 11, 2000, you, ADRIAN HOLBEIN BRIGANTE, sent a letter on behalf of the Dade Insurance Agency misrepresenting to Ms. Garner that the Department was conducting a "routine investigation" of insurance agencies throughout the state. You, ADRIAN HOLBEIN BRIGANTE, attempted to interfere with the Department's “investigation of your activities as an insurance agent in this State. _ITIS THEREFORE CHARGED that you, ADRIAN HOLBEIN BRIGANTE, 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, or appointments as an insurance agent: (a) Sections 624.318(6), 626.611(5), 626.611(7), 626.611(9), 626.611(13), 626.621(2), 626.621(5), 626.621(6), 626.734, 626.9521(1), 626.9541(1)(a)., 626.954(1)(k)1., 626.9541(1)(z)2., 626.9541(1)(z)3., and 627.421(1), Florida Statutes, which are more fully set forth in Counts I, II, and III above and fully incorporated herein by reference. COUNT V | 63. The General Allegations set forth in Paragraphs 1 through 8 above are hereby realleged and fully incorporated herein by reference. ae Se MMP MES SE 64. Onor about February 27, 1999, Marion Thornton called Dade Insurance Agency to purchase automobile insurance. 65. You, ADRIAN HOLBEIN BRIGANTE, or someone working under your direct supervision and control, misrepresented to Mr. Thornton that the down payment on his automobile insurance was $542.00 and that he would be required to pay the remaining balance in nine (9) monthly payments of $143.94 each. . 66. Mr. Thornton gave you, ADRIAN HOLBEIN BRIGANTE, or someone working under your direct supervision and control, the amount of $542.00 from his checking account as down payment for what he believed was only automobile insurance. 67. The true down payment due from Mr. Thornton for the automobile insurance policy with State National Insurance Company plus the cost of the legal expense insurance - charged to Mr. Thornton without his knowledge was $379.00, as reflected in the Appco premium ’ finance agreement. 68. This misrepresentation was made by you, ADRIAN HOLBEIN BRIGANTE, or - someone working under your direct supervision and control, for the purpose of obtaining a fee, commission, money, or other benefit. 69. You, ADRIAN HOLBEIN BRIGANTE, or someone working under your direct supervision and control, signed Mr. Thornton’ s name on the i insurance application to State National Insurance Company, toa legal expense plan with LMO America Legal Expense Insurance Corporation, and to the premium finance agreement with Appco Finance Corporation, all without Mr. Thornton's consent or knowledge. . 70. You, ADRIAN HOLBEIN BRIGANTE, or someone working under your direct supervision and control, misrepresented that the automobile insurance Mr. Thornton purchased 16 I a included a legal expense plan at no additional charge. You, ADRIAN HOLBEIN BRIGANTE failed to disclose that Mr. Thornton's down payment of $542.00 included a charge of $215.00 for a legal expense plan with LMO America Legal Expense Insurance Corporation, as is reflected on the Appco premium finance agreement which Mr. Thornton never authorized or even saw. 71. You, ADRJAN HOLBEIN BRIGANTE, or someone working under your direct supervision and control, caused Mr. Thornton to be charged $215.00 for an LMO America legal expense plan that he did not want, did not know he was being charged for, and would not have agreed to purchase if he had been informed of the cost. 72. You, ADRIAN HOLBEIN BRIGANTE, or someone working under your direct supervision and control, have failed to account for or misappropriated $163.00 of Mr. Thornton's: $542.00 payment made to you on February 27, 1999. 73. Mr. Thornton informed you, ADRIAN HOLBEIN BRIGANTE, that his 1996 Chevy Pick-Up had an anti-theft device, anti-lock brakes, and an airbag. You, ADRIAN HOLBEIN BRIGANTE, or someone working under your direct supervision and control, misrepresented this information on Mr. Thornton's automobile insurance application with State “National Insurance Company by failing to report that Mr. Thornton's truck had an anti-theft device, anti-lock brakes, or air bags. IT IS THEREFORE CHARGED that you, ADRIAN HOLBEIN BRIGANTE, 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, or appointments as an insurance agent: (a) _—_ Sections 626.611(5), 626.611(7), 626.611(9), 626.611(13), 626.621(2), 626.621(5), 626.621(6), 626.734, 626.9521(1), 626.9541(1)(a)1., 626.954(1)(k)1., 17 we 626.9541(1)(z)2., 626.9541(1)(z)3., Florida Statutes, which are more fully set forth in Counts I, Il, and III above and fully incorporated herein by reference. COUNT VI 74. The General Allegations set forth in Paragraphs 1 through 8 above are hereby realleged and fully incorporated herein by reference. 75. . From January 1999 to September 1999, Dade Insurance Agency, and you, ADRIAN HOLBEIN BRIGANTE, and persons working under your direct supervision or control wrote approximately seventy-seven (77) PIP/PD policies through Connecticut Indemnity Insurance Company. 76. | You, ADRIAN HOLBEIN BRIGANTE, and persons working under your direct supervision or control, misrepresented the addresses of insureds on applications to Connecticut Indemnity Insurance Company which placed the insureds in a less expensive rating territory, thereby lowering the premium for the purpose of permitting you, ADRIAN HOLBEIN BRIGANTE, to sell the policy. 77. Connecticut Indemnity conducted a review of seventy-seven (77) policies written by You, ADRIAN HOLEBEIN BRIGANTE, or persons working under your direct supervision and control. Eight (8) of those seventy-seven (77) above referenced policies reveal the following: a. You, ADRIAN HOLBEIN BRIGANTE, or persons working under your direct supervision and control, misrepresented to Connecticut Indemnity Insurance Company that Pietro Bolonoto lived at 1211 Cactus, Key Largo, Florida 33070, which is a less expensive rating district that his real address at 1000 West Avenue, Miami, Florida 33139, which is the address listed on the finance agreement with Appco Finance Corporation. As a direct result of the cee opeeeeape ee rege ote bi la caentiaetadiaiaadiaidl misrepresentation, you, ADRIAN HOLBEIN BRIGANTE, defrauded Connecticut Indemnity Insurance Company out of $163.00 to which it was lawfully entitled. b. You, ADRIAN HOLBEIN BRIGANTE, or persons working under your direct supervision and control, misrepresented to Connecticut Indemnity Insurance Company that Elias Kesep lived at 1211 Cactus, Key Largo 33070, which is a less expensive rating district that his real address at 1200 SW 29" Ave., Miami Florida 33135, which is the address listed on the finance agreement with Appco Finance Corporation. As a direct result of the misrepresentation, you, ADRIAN HOLBEIN BRIGANTE, defrauded Connecticut Indemnity Insurance Company out of $219.00 in revenues to which it was lawfully entitled. c. You, ADRIAN HOLBEIN BRIGANTE, or persons working under your direct supervision and control, misrepresented to Connecticut Indemnity Insurance Company that Eric Lowe lived at 14850 NW1 om Street, Pembroke Pines, Florida 33312, which is a less expensive rating district that his real address at 1801 NW 2 Ave. #304, Miami, Florida 33136, which is the address listed on the finance agreement with Appco Finance Corporation. As a direct result of the misrepresentation, you, ADRIAN HOLBEIN BRIGANTE, defrauded Connecticut Indemnity Insurance Company out of $73.00 in revenues to which it was lawfully entitled. d. You, ADRIAN HOLBEIN BRIGANTE, or persons working under your direct supervision and control, misrepresented to Connecticut Indemnity Insurance Company that Gabriel Lopez lived at 922 Cactus, Key Largo, Florida 33070, which is a less expensive rating district that his real address at 940 8"" Street #5, Miami Beach, Florida 33139, which is the address listed on the finance agreement with Appco Finance Corporation. As a direct result of the misrepresentation, you, ADRIAN HOLBEIN BRIGANTE, defrauded Connecticut Indemnity Insurance Company out of $334.00 in revenues to which it was lawfully entitled. 19 Fee orp e. You, ADRIAN HOLBEIN BRIGANTE, or persons working under your direct supervision and control, misrepresented to Connecticut Indemnity Insurance Company that Carola Equiagaray lived at 2117 Secoffee Street, Key Largo, Florida 33070 which is a less expensive rating district that his real address at 21 17 Secoffee Street, Coconut Grove, Florida’ 33133, which is the address listed on the finance agreement with Appco Finance Corporation. As a direct result of the misrepresentation, you, ADRIAN HOLBEIN BRIGANTE, defrauded Connecticut Indemnity Insurance Company out of $71.00 in revenues to which it was lawfully entitled. f. You, ADRIAN HOLBEIN BRIGANTE, or persons working under your direct supervision and control, misrepresented to Connecticut Indemnity Insurance Company that Danilo Hernandez lived at 12 Cactus, Key Largo, Florida 33070, which is a less expensive rating district that his real address at 536 SW 7" Street, Miami, Florida 33130 which is the address listed on the finance agreement with Appco Finance Corporation. As a direct result of the misrepresentation, you, ADRIAN HOLBEIN BRIGANTE, defrauded Connecticut Indemnity Insurance Company out of $176.00 in revenues to which it was lawfully entitled. | g. You, ADRIAN HOLBEIN BRIGANTE, or persons working under your direct supervision and control, misrepresented to Connecticut Indemnity Insurance Company that Laureano Rodrigquez lived at 22 Cactus, Key Largo, Florida 33070, which is a less expensive rating district that his real address at 1854, SW 9" Street, Miami, Florida 33135 which is the address listed on the finance agreement with Appco Finance Corporation. As a direct result of the misrepresentation, you, ADRIAN HOLBEIN BRIGANTE, defrauded Connecticut Indemnity Insurance Company out of $159.00 in revenues to which it was lawfully entitled. 20 h. You, ADRIAN HOLBEIN BRIGANTE, or persons working under your direct supervision and control, misrepresented to Connecticut Indemnity Insurance Company that Anabel Ordaz lived at 121 Cactus, Key Largo, Florida 33070, which is a less expensive rating district that her real address at 3060 W. Flagler Street #4, Miami, Florida 31353 which is the address listed on the finance agreement with Appco Finance Corporation. As a direct result of . the misrepresentation, you, ADRIAN HOLBEIN BRIGANTE, defrauded Connecticut Indemnity Insurance Company out of $255.00 in revenues to which it was lawfully entitled. 78. A review of the eight aforementioned policies reveals that you, ADRIAN HOLBEIN BRIGANTE defrauded Connecticut Indemnity Insurance Company of $1450 in revenues to which it was lawfully entitled. IT IS THEREFORE CHARGED that you, ADRIAN HOLBEIN BRIGANTE, have violated or are accountable under the following provisions of the Florida Insurance Code and tule of the Department of Insurance which constitute grounds for the suspension or revocation of your licenses, registrations, or appointments as an insurance agent: (a) Sections 626.611(5), 626.61 1(7), 626.611(9), 626.611(13), 626.621(2), 626.621(5), 626.621(6), 626.734, Florida Statutes, which are more fully set forth in Counts I, II, and III above and fully incorporated herein by reference. WHEREFORE, you, ADRIAN HOLBEIN BRIGANTE, 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 626.611, 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. 21 fru ra ef ft NOTICE OF RIGHTS 07 f LE py My Pursuant to Sections 120.569 and 120.57, Florida Statutes ml He cep oy A: Administrative Code (F.A.C.), you have a right to request a rosin fly et this actin by the Department. You may elect a proceeding by completing the attached at 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. Ifa 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 ora written statement challenging the grounds upon which the agency ‘has relied While a hearing is ‘normally not required i 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 22 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 a hearing is requested, you have the right to be represented by counsel, or other qualified representative, to take testimony, to call and to 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. 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. 23 } 24 | |

Docket for Case No: 01-003016PL