ce ata THE TREASURER OF THE STATE OF FLORIDA JUL 31° 2001 DEPARTMENT OF INSURANCE TOM GALLAGHER OLZ CA IN THE MATTER OF: MARC ARTHUR NICOLAS CASE NO.: / ADMINISTRATIVE COMPLAINT TO: MARC ARTHUR NICOLAS 3501 Northwest 80" Street Miami. Florida 33147-4527 MARC ARTHUR NICOLAS 1075 Northeast 125" Street #202 Miami. Florida 33161-5800 You, MARC ARTHUR NICOLAS. are hereby notified that, pursuant to Chapter 626, _ Florida Statutes, 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, at all times pertinent to the dates and occurrences referred to herein, you, MARC ARTHUR NICOLAS, were licensed in this state as a life insurance agent and are currently so licensed, License No. A192136. 2 At all times pertinent to the dates ando occurrences ss referred to herein, you, MARC ARTHUR NICOLAS, were licensed in this state as an insurance agent. 3. Pursuant to Chapter 626, Florida Statues, the Florida Department Insitrance has Jurisdiction over your insurance licenses and appointments. . ™ COUNTI 4, The above General Allegations are realleged and incorporated herein fully by reference, 5. On or about August 26. 1999, you did prepare and submit an application for a life insurance policy to Pierce National Life Insurance Company in behalf of one Marie R. " Guillaume. Such policy was issued and you, MARC ARTHUR NICHOLAS, were paid a commission thereon. After issuance. such policy was allowed to lapse. [t was thereupon discovered that information submitted by you. MARC ARTHUR NICHOLAS, concerning the said Mari R. Guillaume was false and fraudulent and designed only to falsely and fraudulently obtain payment of commission to yourself. If IS THEREFORE CHARGED. that you. MARC ARTHUR NICHOLAS. have violated and are accountable under the following provisions of the Florida Insurance Code and Rules of the Department of Insurance which constitutes grounds for the suspension or revocation of your licenses and eligibility as an insurance agent: (a) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes}; (b) 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 626.61 1(5), Florida Statutes]; (c) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), Florida Statutes]; (d) 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 or detrimental to the public interest. [Section 626.621(6), Florida Statutes]; 2 ‘€) 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]. COUNT II 6. The above General Allegations are realleged and incorporated herein fully by reference. 7. On or about July 16, 1999, you did prepare and submit an application for a life insurance policy to Pierce National Life Insurance Company in behalf of one Abel Desir. Such policy was issued and you. MARC ARTHUR NICHOLAS. were paid a commission thereon. After issuance, such policy was allowed to lapse. It was thereupon discovered that information submitted by you. MARC ARTHUR NICHOLAS. concerning the said Abel Desir was false and fraudulent and designed only to falsely and fraudulently obtain payment of commission to yourself. IT IS THEREFORE CHARGED, that you, MARC ARTHUR NICHOLAS, have violated and are accountable under the following provisions of the Florida Insurance Code and Rules of the Department of Insurance which constitutes grounds for the suspension or revocation of your licenses and eligibility as an insurance agent: ) (a) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.61 (7), Florida Statutes]; (b) 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]; (c) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), Florida Statutes]; 3 (d) 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 or detrimental to the public interest. (Section 626.621 (6), Florida Statutes]; (e) 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]. COUNT III 8. The above General Allegations are realleged and incorporated herein fully by reference. . 9. On or about July 16. 1999. you did prepare and submit an application for a life insurance policy to Pierce National Life Insurance Company in behalf of one Robert Batichon. Such policy was issued and you. MARC ARTHUR NICHOLAS, were paid a commission thereon. After issuance, such policy was allowed to lapse. It was thereupon discovered that information submitted by you, MARC ARTHUR NICHOLAS, concerning the said Robert Batichon was false and fraudulent and designed only to falsely and fraudulently obtain payment of commission to yourself. IT IS THEREFORE CHARGED, that you, MARC ARTHUR NICHOLAS, have violated " and are accountable under the following provisions of the Florida Insurance Code and Rules of the Department of Insurance which constitutes grounds for the suspension or revocation of your licenses and eligibility as an insurance agent: (a) Demonstrated lack of fitness or trustworthiness to engage in the business of ; insurance. (Section 626.611(7), Florida Statutes]; RE ae ee ame en ems eS BE A SS. cA MOAN A etre merece aamrsemese asec (b) 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 626.61 1(5). Florida Statutes]; (c) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), Florida Statutes]; (d) 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 i injury or loss t to the public or detrimental to the public interest. [Section 626.621(6). Florida Statutes]; (e) 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]. COUNT IV 10. The above General Allegations are realleged and incorporated herein fully by reference. 11. On or about July 21, 1999, you did prepare and submit an application for a life insurance policy to Pierce National Life Insurance Company in behalf of one Eddy Dorce. Such policy was issued and you, MARC ARTHUR NICHOLAS, were paid a commission thereon. After i issuance, such policy was s allowed to lapse. qt was thereupon discovered that information submitted by you, MARC ARTHUR NICHOLAS, concerning the said Eddy Dorce was false and fraudulent and desi gned only to falsely and fraudulently obtain payment of commission to yourself. IT IS THEREFORE CHARGED. that you. MARC ARTHUR NICHOLAS, have violated and are accountable under the following provisions of the Florida Insurance Code and Rules of the Department of Insurance which constitutes grounds for the suspension or revocation of your licenses and eligibility as an insurance agent: ~ (a) Demonstrated lack of fitness or trustworthiness to engage in the business of - insurance. [Section 626.61 1(7), Florida Statutes]; (b) 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]; | (c) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9). Florida Statutes]: (d) 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 or detrimental to the public interest. [Section 626.621(6), Florida Statutes]; (e) " 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]. COUNT V 12. The above General Allegations are realleged and incorporated herein fully by reference, 13. Onor about July 21, 1999, you did prepare and submit an application for a life insurance policy to Pierce National Life Insurance Company in behalf of one Marie Benjarnin. Such policy was issued and you, MARC ARTHUR NICHOLAS, were paid a commission 6 thereon. After issuance. such policy was allowed to lapse. It was thereupon discovered that information submitted by you, MARC ARTHUR NICHOLAS. concerning the said Marie Benjamin was false and fraudulent and designed only to falsely and fraudulently obtain payment of commission to yourself. IT IS THEREFORE CHARGED, that you. MARC ARTHUR NICHOLAS, have violated and are accountable under the following provisions of the Florida Insurance Code and Rules of the Department of Insurance which constitutes grounds for the suspension or revocation of your . licenses and eligibility as an insurance agent: (a) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]: (b) 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 626.61 1(5), Florida Statutes]; (c) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), Florida Statutes]; (d) 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 or detrimental to the public interest. [Section 626.621(6), Florida Statutes]; (e) 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]. th COUNT VI 14. The above General Allegations are realleged and incorporated herein fully by reference. 15. On or about July 22, 1999. you did prepare and submit an application for a life insurance policy to Pierce National Life Insurance Company in behalf of one Rosemond Telisca. Such policy was issued and you. MARC ARTHUR NICHOLAS. were paid a commission thereon. After issuance. such policy was allowed to lapse. It was thereupon discovered that information submitted by you. MARC ARTHUR NICHOLAS, concerning the said Rosemond Telisca was false and fraudulent and designed only to falsely and fraudulently obtain payment of comunission to yourself. IT IS THEREFORE CHARGED. that you, MARC ARTHUR NICHOLAS. have violated and are accountable under the following provisions of the Florida Insurance Code and Rules of the Department of Insurance which constitutes grounds for the suspension or revocation of your licenses and eligibility as an insurance agent: (a) Demonstrated lack of fitness or trustworthiness to engage in the business of ~ insurance. [Section 626.611(7), Florida Statutes]; (b) 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 626.61 165), Florida Statutes]; (c) Fraudulent or dishonest Practices in the conduct of business under the license or appointment. [Section 626. 61 19), Florida Statutes]: . (d) 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 or detrimental to the public interest. [Section 626.621(6), Florida Statutes]; 8 enema eS SE Sl SAR ee re ee errata (e) 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]. . COUNT VII 16. The above General Allegations are realleged and incorporated herein fully by reference. 17. Onor about July 30. 1999, you did prepare and submit an application for a life insurance policy to Pierce National Life Insurance Company in behalf of one Jean Philippe _ Webert. Such policy was issued and you. MARC ARTHUR NICHOLAS. were paid a . commission thereon. After issuance. such policy was allowed to lapse. It was thereupon discovered that information submitted by you. MARC ARTHUR NICHOLAS, concerning the said Jean Philippe was false and fraudulent and designed only to falsely and fraudulently obtain payment of commission to yourself. IT IS THEREFORE CHARGED, that you, MARC ARTHUR NICHOLAS, have violated and are accountable under the following provisions of the Florida Insurance Code and Rules of the Department of Insurance which constitutes grounds for the suspension or revocation of your licenses and eligibility as an insuranée agent: . (a) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Stannes]; (b) “Willful misrepresentation of any insurance 2e policy or annuity contract or willl deception with regard to any such policy. or contract, Gone either i in n person o or by any form of ie EU dissemination of information or advertising. [Section 626.61 1(5), Florida Statutes}; 2 _() Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), Florida Statutes}; 9 od Peet “must be filed with the General Counsel acting as the ‘Agency Clerk, Department of Insurance. If — (d) 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 or detrimental to the public interest: [Section 626.621(6), F lorida Statutes]. (e) 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}. WHEREFORE, you, MARC ARTHUR NIC OLAS, are hereby notified the Treasurer and Insurance Commissioner intends to enter an order suspending or revoking your license(s) and eligibility for licensure as an insurance agent or to impose such lesser penalties as maybe provided under the provisions of Chapter 626, Florida Statutes, and under the other reference 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 served by US. Mail the Petition or Election should be addressed to the Florida Department of Insurance at 612 Larson Building, Tallahassee, F lorida 32399- 0333. If Express Mail or hand delivery is utilized, the Petition or Election should be delivered to 612 Larson Building, 200 East : 10 secre pe ping eee Wes: ae ie phar an ans A A SR he ER A En teen nempmmnansesenenaerfl 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 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 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; oe . (b) An explanation of what relief you ae seeking and believe you are entitled to; y other in: ormation which you contend is material. _ These proceedings are held before the State administrative law judge of the Division of Administrative Hearings. Unless the majority of witnesses are located elsewhere the Department will request that the hearing be conducted in Tallahassee. 7 aempeeis bento rr rr ee mS ESSE SC ER Sa et a tp nee teraenreremee If you request a hearing. you have the right to be represented by counsel. or other qualified representative, to take tesumony. 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. : - 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 shal! 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. DONE AND ORDERD this 31st day of __ JULY , 2001. le KENNEY SHIPLEY Deputy Insurance Commissioner 12 ce paevated 2 RRR RE BRE ‘I HEREBY CERTIFY that a true and correct co LAINT and ELECTIONS OF RIGHTS have NICOLAS, 3501 Northwest 80" Street, Miami, NICOLAS, 1075 Northeast 125" Street #202. fi remnant 8 A A a ene yeni CERTIFICATE OF SERVICE py of the foregoing ADMINISTRATIVE been furnished to: MARC ARTHUR Florida 33147-4527 and MARC ARTHUR ami, Florida 33161-5800 by certified mail this day of___JULY » 2001. . DEAN ANDREWS, ESQUIRE Division of Legal Services 612 Larson Building Tallahassee, Florida 32399-0333 (850) 413-4242 Florida Bar No. 0001959 se a cone FORRES cir eer mmr apepen naps eee 14

Docket for Case No: 01-003335PL