& 4 THE TREASURER OF THE STATE OF FLORIDA () Is | Pp DEPARTMENT OF INSURANCE TOM GALLAGHER IN THE MATTER OF: Case No. 23122-98-AG GEORGE RONALD MACKOUL ADMINISTRATIVE COMPLAINT TO: GEORGE RONALD MACKOUL 9242 Beauclerc Circle W Jacksonville, FL 32257-4906 GEORGE RONALD MACKOUL Mackoul Associates Insurance and Real Estate, Inc. 1628 San Marco Boulevard, Suite 16 Jacksonville, FL 32207-3099 You, GEORGE RONALD MACKOUL, 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 hereby alleged that: GENERAL ALLEGATIONS 1. You, GEORGE RONALD MACKOUL, (hereinafter sometimes referred to as "RESPONDENT") are currently licensed in this state as a life (2-16) agent, life & health (2-18) agent, general lines (2-20) agent, and a health (2-40) agent. 2. At all times relevant to the dates and occurrences referred to herein, you, GEORGE RONALD MACKOUL, were licensed as an insurance agent. 3. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Insurance (hereinafter sometimes referred to as the "DEPARTMENT") has jurisdiction over your insurance licenses and appointments. 4. At all times relevant to the dates and occurrences referred to herein, you, GEORGE RONALD MACKOUL, were the primary agent for Mackoul Associates Insurance and Real Estate, Inc., 1628 San Marco Boulevard, Suite 16, Jacksonville, FL 32207 (hereinafter sometimes referred to as "MACKOUL ASSOCIATES"). 5. At all times relevant to the dates and occurrences set forth herein, MACKOUL ASSOCIATES was an insurance agency incorporated and existing pursuant to the laws of the state of Florida. 6. At all times relevant to the dates and occurrences set forth herein, you, GEORGE RONALD MACKOUL, were the director for MACKOUL ASSOCIATES. 7. At all times relevant to the dates and occurrences set forth herein, you, GEORGE RONALD MACKOUL, were a signator on the bank account, account number 2182311894. 8. Pursuant to Section 626.734, Florida Statutes, as a general lines agent and corporate officer, director or shareholder of MACKOUL ASSOCIATES, you, GEORGE RONALD MACKOUL, are personally liable and accountable for any wrongful ac acts, misconduct, or violations of any provision of the Florida Insurance Code which were personally committed by you or by any person under your direct supervision and control while acting on behalf of the agency, if you committed or knew or should have known of such acts. 9. Pursuant to Section 626.592, Florida Statutes, as a primary agent in an incorporated agency in which no officer, director, or stockholder is an agent, you, GEORGE RONALD MACKOUL, are responsible and accountable for the acts of salaried employees under your direct supervision and control, while acting on behalf of the agency. . 10.. All references made herein to you, GEORGE RONALD MACKOUL, include persons working and, or, acting under your supervision and control. 11. Atall times relevant to the dates and occurrences referred to herein, and pursuant to section 626.561(1), Florida Statutes, all premiums, return premiums, or other funds belonging to others received by you, GEORGE RONALD MACKOUL, constituted trust funds, received in a fiduciary capacity, and you, GEORGE RONALD MACKOUL, 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. 12. Atall times relevant to the dates and occurrences referred to herein, property and casualty insurance for a person’s home, mobile home, or rental properties (hereinafter referred to as “homeowner’s insurance”) includes the following: dwelling, other structures, personal property, loss of use, personal liability and medical payments to others. ; . -o en : on ; 13. All General Allegations set forth above, are hereby realleged and fully incorporated in this Count as though fully set forth herein. 14. On or about December 21, 1996, Michael Flynn of Jacksonville, Florida renewed his Pett od - form appointing you, GEORGE RONALD MACKOUL, as his attorney-in-fact without his knowledge by Mr. Flynn v homeowner’s insurance through you, GEORGE RONALD MACKOUL. 15. Michael Flynn wanted only homeowner’s insurance. Michael Flynn did not want any additional ancillary coverages or products. 16. | You, GEORGE RONALD MACKOUL, had Michael Flynn execute a power of attorney or informed consent. 17. In connection with your, GEORGE RONALD MACKOUL, insurance transaction with Mr. Flynn for the purchase of homeowner’s insurance, you, GEORGE RONALD MACKOUL, falsely informed Mr. Flynn’s mortgage company that the annual insurance premium for the period of December 21, 1996 to December 21, 1997 was $673.00. 18. Mr. Flynn’s mortgage company gave you, GEORGE RONALD MACKOUL, a check in the amount of $673.00 for payment of the homeowner’s insurance. 19. The insurance premium of $673.00, you, GEORGE RONALD MACKOUL, stated included a hidden fee of $50.00 for an ancillary insurance product, a homeowners/renters service contract, Mr. Flynn did not want and did not ask for. 20. You, GEORGE RONALD MACKOUL, failed to > identify to Michael Flynn and his mortgage company that the homeowners/renter service contract isa separate and optional ancillary product that is not required to be purchased. 21. - You, GEORGE RONALD MACKOUL, applied $50.00 dollars of the monies submitted — eerie ce gage company toward the purchase of an ancillary ir insurance product without. Mr. Flynn’s knowledge and informed consent. seen 22. You, GEORGE RONALD MACKOUL, knowingly collected from Mr. Flynn via his mortgage company a charge of $50.00 in excess of the premium or charge applicable to such insurance. 23. You, GEORGE RONALD MACKOUL, or someone under your supervision and control signed Mr. Flynn’s name on the homeowners/renters service contract. 24. You, GEORGE RONALD MACKOUL, did cause Michael Flynn to purchase an ancillary product, a homeowners/renters service contract without his knowledge and informed consent. 25. The insurance company discovered that you, GEORGE RONALD MACKOUL, had Mr. Flynn’s mortgage company pay $13.00 more than the actual insurance premium. Due to the overpayment, the insurance company sent you, GEORGE RONALD MACKOUL, a refund check of $13.00 for Mr. Flynn’s premium overpayment. 26. You, GEORGE RONALD MACKOUL, failed to forward the refund check referenced in paragraph 25 to Mr. Flynn or his mortgage company; this check was endorsed by someone signing __ Mr. Flynn’s name and then was deposited into your agency’s bank account. 27. The deceptive omissions and/or misrepresentations to Michael Flynn were made for the purpose of enabling you, GEORGE RONALD MACKOUL, to obtain a substantial fee, commission, . money, or other benefit. IT IS THEREFORE CHARGED that you, GEORGE RONALD MACKOUL, have violated or are accountable under the following provisions of the Florida Insurance Code, which constitutes grounds for the suspension or revocation of your licenses as an insurance agent in this state: (a) All premiums, return premiums, or other funds belonging to others received by an agent, . . . , in transactions under his license shall be trust funds so received by the licensee in a fiduciary capacity. . . . The licensee in the applicable regular course of business shall account for and pay the same to the insurer, insured, or other persons entitled thereto. [Section 626.561(1), Florida Statutes]; (b) If the license or appointment is willfully used, or to be used, to circumvent any of the requirements or prohibitions of [Florida Insurance Code]. [Section 626.611(4), Florida Statutes]; (c) 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 information or advertising. [Section 626.61 165), Florida Statutes]; (d) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; (e) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.61 1(9), Florida Statutes]; (63) Misappropriation, conversion, or unlawful withholding of monies belonging to insurers or insureds or beneficiaries or to others received in conduct of business under the license ot appointment. [Section 626.611(10), Florida Statutes]; (g) Willful failure to comply with, or willful violation of, an order or rule of the [Department of Insurance] or r willful violation of any Provision of [Florida Insurance Code}. _ [Section 626. 61 1( 13) Florida Statutes}; ; ° (hy Violation of any provision n of [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]; = Eq (i) in the conduct of business under license or permit, engaging in unfair methods of competition or in unfair or deceptive acts or practices, as prohibited under part X of [Chapter 626, Florida Statutes}, 0 or having “otherwise shown [yourself] to be a source of i injury or loss to the , public or detrimental to the public interest. [Section 626.621(6), Florida Statutes]; Gg) No person shall engage in this state in any trade practice which is defined in [part X, Section 626, Florida Statutes] or determined pursuant to [Sections 626.951 or 626.9561, Florida Statues] to be, an unfair method of competition or an unfair or deceptive act or practice involving the business of insurance. [Section 626.9521(1), Florida Statutes]; (k) ... 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]; 6) Knowingly making, disseminating, circulating, or placing before the public, or causing, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public: an advertisement, announcement, or statement containing any assertion, representation, or statement with respect to the business of insurance, which is untrue, deceptive, or misleading. [Section 626.9541(1)(b), Florida Statutes]; (m) Knowingly making a false or fraudulent written or oral statement or representation on, or relative to, an n application or negotiation for an insurance policy for the Purpose of obtaining a fee, commission, money, or other benefit from any insurer, 1, agent, broker, or individual. [Section weep ree ee 626.9541(1)(k)1, Florida Statutes]; ; (a) Knowingly collecting as asa Premium ¢ or t charge fori insurance any sum in excess of or less than the p premium or charge applicable to such insurance, in n 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)(0)2, Florida Statutes]; COUNT II 28. All General Allegations set forth above and the allegation alleged in paragraph 16 of Count I are hereby realleged and fully incorporated in this Count. 29. On or about December 21, 1995, Michael Flynn of Jacksonville, Florida renewed his homeowner’s insurance through you, GEORGE RONALD MACKOUL. 30. Michael Flynn wanted only homeowner’s insurance. Michael Flynn did not want and did not ask for any additional ancillary coverages or products. ; 31. In connection with your, GEORGE RONALD MACKOUL, insurance transaction with Mr. Flynn for the purchase of homeowner’s insurance, you informed Mr FI ’s mortgage . 2S. a Lod ynn’s mortgage company. ot did not want and did not ask for. ce premium for the period of December 21, 1995 to December 21, i F ‘ i 5 33. | You, GEORGE RONALD MACKOUL, failed to identify the ancillary products, a homeowners/renters service contract, and supplemental medical insurance coverage, as separate and optional products that are not required to be purchased. 34. | You, GEORGE RONALD MACKOUL, applied $175.00 of the monies submitted by Mr. Flynn via his mortgage company toward the purchase of ancillary insurance products, supplemental medical insurance coverage and a homeowners/renters service contract, without Mr. Flynn’s knowledge and informed consent. 35. You, GEORGE RONALD MACKOUL, knowingly collected from Mr. Flynn via his ~ mortgage company a charge of $175.00 in excess of the premium or charge applicable to such insurance. 36. You, GEORGE RONALD MACKOUL, did cause Michael Flynn to purchase a homeowners/renters service contract and supplemental medical insurance coverage without his knowledge and informed consent. 37. The deceptive omissions and/or misrepresentations to Michael Flynn were made for the purpose of enabling you, GEORGE RONALD MACKOUL, to obtain a substantial fee, commission, money or other benefit. IT IS THEREFORE CHARGED that you, GEORGE RONALD MACKOUL, have violated or are accountable under the following provisions of the Florida Insurance Code, which constitutes grounds for the suspension or revocation of your licenses as an insurance agent in this state: (a) Sections 626.561(1), 626.611(4), 626.611(5), 626.611(7), 626.611(9), 626.611(10), 626.611(13), 626.621(2), 626.9521(1), 626.9541(1)(a)1, 626.9541(1)(b), 626.9541(1)(k)1, and ee ee oe 626.9541(1)(0)2, Florida Statutes, which have been fully and specifically set forth in Count I above, and are hereby realleged and fully incorporated herein by reference. COUNT II 38. All General Allegations set forth above and the allegation in paragraph 16 of Count I are hereby realleged and fully incorporated in this Count as though set forth herein. 39. On or about May 28, 1994, Michael Flynn of Jacksonville, Florida went to MACKOUL ASSOCIATES to obtain insurance for his boat. 40. Michael Flynn wanted only the insurance coverages necessary to insure the following: the boat, the contents in the boat and the boat’s trailer. Michael Flynn did not request and did not ask for any additional coverages or products. 41. You, GEORGE RONALD MACKOUL, informed Mr. Flynn that the annual insurance premium for his boat’s insurance for the period of May 28, 1994 to May 28, 1995 was $283.00. 42. The insurance premium of $283.00 that you stated to Mr. Flynn included a hidden fee of $50.00 for an ancillary insurance product that Mr. Flynn did not want and did not ask for. 43. | You, GEORGE RONALD MACKOUL, applied $50.00 of the monies submitted by Mr. Flynn toward the purchase of an ancillary insurance product, a supplemental medical insurance “coverage, without Mr. Flynn’s knowledge and informed consent. 44. You, GEORGE RONALD MACKOUL, knowingly collected from Michael Flynn a charge of $50.00 in excess of the premium or charge applicable to such insurance. 45. You, GEORGE RONALD MACKOUL, did cause Michael Flynn to purchase 10 supplemental medical insurance coverage without his informed consent. 46. The deceptive omissions and/or misrepresentations to Michael Flynn were made for the purpose of enabling you, GEORGE RONALD MACKOUL, to obtain a substantial fee, commission, money, or other benefit. IT IS THEREFORE CHARGED that you, GEORGE RONALD MACKOUL, have violated or are accountable ander the following provisions of the Florida Insurance Code, which constitutes grounds for the suspension or revocation of your licenses as an insurance agent in this state: (a) Sections 626.561(1), 626.611(4), 626.611(5), 626.611(7), 626.611(9), 626.611(10), 626.611(13), 626.621(2), 626.9521(1), 626.9541(1)(a)1, 626.9541(1)(b), 626.9541(1)(k)1, and 626.9541(1)(0)2, Florida Statutes, which have been fully and specifically set forth in Count I above, and are hereby realleged and fully incorporated herein by reference and (b) Charging an n applicant for a specific ancillary coverage or T product, in addition to the cost of the motor vehicle i insurance coverage applied for, without the informed consent of the applicant. {Section 626. 9541(D108, Florida Statutes} COUNTIV Vv 47. All General Allegations set forth above are hereby realleged and fully incorporated in this Count as though set forth herein. 48. Onor about January 3, 1997, Nancy and David Bonnell (sometimes referred to as the “Bonnells”) of Orange Park, Florida came to MACKOUL ASSOCIATES to renew homeowner’s insurance for their mobile home. 49. The Bonnells were informed by you, GEORGE RONALD MACKOUL, that the 11 annual insurance premium for the homeowner’s insurance for the period of January 5, 1997 to January 5, 1998 was $728.00. On or about January 3, 1997, Nancy Bonnell paid the total amount of $728.00 via check. 50. The annual insurance premium of $728.00 included a hidden fee of $100.00 for the purchase of an ancillary insurance product, a homeowners/renters service contract, the Bonnells did not want and did not ask for. 51. | You, GEORGE RONALD MACKOUL, failed to identify the homeowners/renters service contract as a separate and optional ancillary product that is not required to be purchased. 52. | You, GEORGE RONALD MACKOUL, on or about January 5, 1997, knowingly collected from Nancy Bonnell a charge of $100.00 in excess of the premium or charge applicable to such insurance. 53. You, GEORGE RONALD MACKOUL, on or about January 5, 1997, did cause the Bonnells to purchase a homeowners/renters service contract without her knowledge or informed consent. 54. The deceptive omissions and/or misrepresentations to Nancy and David Bonnell were made for the purpose of ‘enabling you, GEORGE RONALD MACKOUL, to obtain a substantial fee, commission, money or other benefit. owing Provisions of the F lorida Insurance e Code, which ¢ constitutes grounds for the suspension or revocation of your licenses a as an insurance agent in this state: (a) Sections 626.561(1), 626.611(4), 626.611(5), 626.61 1(7), 626.611(9), 626.611(10), 12 ITIS THEREFORE C CHARGED that you, GEORGE RONALD MACKOUL, have violated or EP HRS yee eC: (cero aceenenenmen ntti a ROO RRR IARRE An et itsans 626.611(13), 626.621(2), 626.9521(1), 626.9541(1)(a)1, 626.9541(1)(b), 626.9541(1)(k)1, and 626.9541 (1)(0)2, Florida Statutes, which have been fully and specifically set forth in Count I above, and are hereby realleged and fully incorporated herein by reference. COUNT V 55. All General Allegations set forth above are hereby realleged and fully incorporated in this Count as though set forth herein. 56. On or about June 26, 1995, Nancy and David Bonnell of Orange Park, Florida came to MACKOUL ASSOCIATES to renew their homeowners insurance for their mobile home. 57. The Bonnells were informed by you, GEORGE RONALD MACKOUL, that their annual insurance premium for the period of July 5, 1995 to July 5, 1996 was $489.00. On or about June 26, 1995, Nancy Bonnell paid the total amount of $489.00 via check. 58. The insurance premium of $489.00 you, GEORGE RONALD MACKOUL, stated included a hidden fee of $49.00 for an ancillary insurance product, a homeowners/renters service contract, the Bonnells did not want and did not ask for. 59. | You, GEORGE RONALD MACKOUL, failed to identify the homeowners/renters service contract as a separate and optional ancillary Product that i is not t required 1 to > be purchased. 60. You, GEORGE RONALD MACKOUL, knowingly ¢ collected from Nancy Bonnell a “2 charge of $49, 00 in excess sof the premium or charge applicable to such i insurance. KOUL, did cause the Bonnells to ) purchase an ancillary insurance product, a homeowners/renters service contract, without their knowledge or informed consent. 13 a8 62. The deceptive omissions and/or misrepresentations to Nancy and David Bonnell were made for the purpose of enabling you, GEORGE RONALD MACKOUL, to obtain a substantial fee, commission, money or other benefit. IT IS THEREFORE CHARGED that you, GEORGE RONALD MACKOUL, have violated or are accountable under the following provisions of the Florida Insurance Code, which constitutes grounds for the suspension or revocation of your licenses as an insurance agent in this state: (a) Sections 626.561(1), 626.611(4), 626.611(5), 626.61 1(7), 626.611(9), 626.611(10), 626.611(13), 626.621(2), 626.9521(1), 626.9541(1)(a)1, 626.9541(1)(b), 626.9541(1)(k)1, and 626.9541(1)(0)2, Florida Statutes, which have been fully and specifically set forth in Count I above, and are hereby realleged and fully incorporated herein by reference. COUNT VI 63. All General Allegations set forth above are hereby realleged and fully incorporated in this Count as though set forth herein. . 64, On or about June 29, 1994, Nancy and David Bonnell of Orange Park, Florida went to MACKOUL ASSOCIATES to renew their homeowner’s insurance for their mobile home. 65. The Bonnells were informed by you, GEORGE RONALD ) MACKOUL, that their 66. The annual insurance premium of $434.46 you, GEORGE RONAL MACKOUL, stated included a hidden fee of $39.50 for ancillary insurance products, an accidental death benefit and accident indemnity benefit and an unknown additional charge of $11.96 the Bonnells did not 14 want and did not ask for. 67. | You, GEORGE RONALD MACKOUL, failed to identify the accidental death benefit and accident indemnity benefit as separate and optional products that are not required to be purchased. . 68. | You, GEORGE RONALD MACKOUL, knowingly collected from Nancy Bonnell charges of $39.50 and $11.96 in excess of the premium or charge applicable to such insurance. | 69. You, GEORGE RONALD MACKOUL, did cause the Bonnells to purchase supplemental insurance coverages without their knowledge or informed consent. 70. The deceptive omissions and/or misrepresentations to Nancy and David Bonnell were made for the purpose of enabling you, GEORGE RONALD MACKOUL, to obtain a substantial fee, commission, money or other benefit. IT IS THEREFORE CHARGED that you, GEORGE RONALD MACKOUL, have violated or are accountable under the following provisions of the Florida Insurance Code, which constitutes grounds for the suspension or revocation of your licenses as an insurance agent in this state: (a) Sections 626.561(1), 626.611(4), 626.611(5), 626.611(7), 626.611(9), 626.611(10), 626.611(13), 626.621( 6.9521(1), 626.9541(1)(a)1, ee 626.9541(1)(0)2, Florida Statutes, which have been fully and specifically set forth in Count I above, — and are hereby realleged and fully incorporated herein by reference. COUNT VII 71. All General Allegations set forth above are hereby realleged and fully incorporated in this Count as though set forth herein. 15 9541(0}(0), and 626 9541()00)1, and oat oe ier 72. On or about January 18, 1996, Michael Dale of Jacksonville, Florida renewed his homeowner’s insurance, through you, GEORGE RONALD MACKOUL. 73. In connection with the insurance transaction you, GEORGE RONALD MACKOUL, sent Mr. Dale’s mortgage company, Republic Security Bank, an invoice for payment of the annual premium of $1083.00 for the policy period January 18, 1996 to January 18, 1997. 74. The insurance premium of $1083.00, you, GEORGE RONALD MACKOUL, stated included a hidden fee of $100.00 for an ancillary insurance product, a product which includes accidental death & dismemberment coverage, that Mr. Dale did not want and did not ask for. 75. You, GEORGE RONALD MACKOUL, failed to identify said ancillary insurance product as a separate and optional product that is not required to be purchased. 76. You, GEORGE RONALD MACKOUL, knowingly collected from Michael Dale a charge of $100.00 in excess of the premium or charge applicable to such insurance. 77. You, GEORGE RONALD MACKOUL, did cause Michael Dale to purchase an ancillary product without his knowledge and informed consent. _ 78. The deceptive omissions and/or misrepresentations to Michael Dale were made for the purpose of enabling you, GEORGE RONALD MACKOUL, to obtain a substantial fee, commission, 1, money 0 or ‘other benefit. IT IS THEREFORE CHARGED that you, GEORGE RONALD MACKOUL, have violated or are accountable under the following provisions of the Florida Insurance Code, which constitutes grounds for the suspension or revocation of your licenses as an insurance agent in this state: (a) Sections 626.561(1), 626.611(4), 626.611(5), 626.611(7), 626.611(9), 626.611(10), 16 a Te semen gaat | 626.611(13), 626. 621(2), 6 626. 9521(1), ¢ 626. SS41(1)(a)1, 626. 9541 (1}(0), 626. 9S41(1)(K)1, and 626. 9541(1)(0)2, F lorida § Statutes, which have been fully a and specifically set forth in Count I above, and are hereby realleged and fully incorporated herein by reference. COUNT VII 79. All General Allegations set forth above are hereby realleged and fully incorporated in this Count as though set forth herein. 80. On or about September 9, 1996, Mark Carlton of Jacksonville, Florida went to your, GEORGE RONALD MACKOUL, insurance agency to purchase homeowner’s insurance. 81. You, GEORGE RONALD MACKOUL, told Mark Carlton that the insurance premium for the homeowner’s insurance with Clarendon National Insurance Company was $463.00. Upon receipt of the amount of the insurance premium, Mark Carlton gave informed his mortgage company so that the mortgage company would pay the total insurance premium. The mortgage company paid the entire insurance premium of $463.00. 82. The actual insurance premium for the homeowner’s insurance was $414.00. The insurance premium of $463.00 you, GEORGE RONALD MACKOUL, quoted Mark Carlton included a hidden fee for an ancillary insurance product, a homeowners/renters service contract, that Mr. Carlton did not want and did not ask for. 83. ‘You, GEORGE RONALD MACKOUL, failed to ‘identify said ancillary product as a separate and optional product that is not required to be purchased. 84, You, GEORGE RONALD MACKOUL, had Mark Carlton execute a power of attorney form appointing youa as his attorney-in-fact without his knowledge or informed consent. 17 ee een 85. | You, GEORGE RONALD MACKOUL, knowingly collected from Mark Carlton via his mortgage company a premium or charge for insurance in excess of the premium or charge | applicable to such insurance. _ | 86. | You, GEORGE RONALD MACKOUL, did cause Mark Carlton to purchase an ancillary insurance product without his knowledge or informed consent. 87. The deceptive omissions and/or misrepresentations to Mark Carlton were made for the purpose of enabling you, GEORGE RONALD MACKOUL, to obtain a substantial fee, commission, money or other benefit. IT IS THEREFORE CHARGED that you, GEORGE RONALD MACKOUL, have violated or are accountable under the following provisions of the Florida Insurance Code, which constitutes grounds for the suspension or revocation of your licenses as an insurance agent in this state: {a) Sections 626.561(1), 626.611(4), 626.611(5), 626.611(7), 626.611(9), 626.611(10), 626.611(13), 626.621(2), 626.9521(1), 626.9541(1)(a)1, 626.9541(1)(b), 626.9541(1)(k)1, and 626.9541(1)(0)2, Florida Statutes, which have been fully and specifically set forth in Count I above, and are hereby realleged and fully incorporated herein by reference. i salah fee mm a i General Allegations set forth above, are hereby realleged and fully incorporated 18 90. At that time, you, GEORGE RONALD MACKOUL, asked Ms. Harvey-Chambliss if she wanted the same homeowner’s coverages her former husband obtained. However, you failed to explain those coverages to her as she was unfamiliar with the previous coverages because her former husband transacted insurance business with you, not her. 91. During the insurance transaction with Ms. Harvey-Chambliss, you, GEORGE RONALD MACKOUL, provided her with several documents to sign. However, you failed to explain the documents to Ms. Harvey-Chambliss. 92. | You, GEORGE RONALD MACKOUL, had Ms. Harvey-Chambliss execute a power of attorney form appointing you as her attorney-in-fact without her knowledge or informed consent. 93. Ms. Harvey-Chambliss insurance premium for her homeowner’s insurance was $908.63; however, on or about November 13, 1998, you, GEORGE RONALD MACKOUL, sent her mortgage company a bill of $1224.60 for payment of the homeowner’s insurance premium. 94, Ms. Harvey-Chambliss did not want and did not ask for any additional ancillary products. However, you, GEORGE RONALD MACKOUL, caused Ms. Harvey-Chambliss to purchase an additional ancillary non-insurance product, a homeowners/renters service contract, without her knowledge and informed consent by adding the price of said product to the insurance premium. 95. You, GEORGE RONALD MACKOUL, failed to identify said ancillary product as a separate and optional ancillary product that is not required to be purchased. 96. You, GEORGE RONALD MACKOUL, charged Ms. Harvey-Chambliss an additional amount of $100. 00 for the purchase of said 4 ancillary i insurance product. 19 i t renee masa i me A RE MRS eA 97. You, GEORGE RONALD MACKOUL, knowingly collected from Ms. Harvey- Chambliss via her mortgage company a premium or charge for insurance in excess of the premium or charge applicable to such insurance. 98. The misrepresentations and/or deceptive omissions to Ms. Harvey-Chambliss were made for the purchase of enabling you, GEORGE RONALD MACKOUL, to obtain a substantial fee, commission, money or other benefit. IT IS THEREFORE CHARGED that you, GEORGE RONALD MACKOUL, have violated or are accountable under the following provisions of the Florida Insurance Code, which constitutes grounds for the suspension or revocation of your licenses as an insurance agent in this state: (a) Sections 626.561(1), 626.61 1(4), 626.611(5), 626.611(7), 626.61 1(9), 626.611(10), 626. 611(13), 626. 621(2), 626. -9521(1), 626. 9541(1)(a)1, 626. S41 (1N(0), 626.9541(1)(k)1, and 626. 9541(1)(0)2, Florida Statutes, which have been fully and specifically set forth in Count I above, and are hereby realleged and fully incorporated herein by reference. COUNT X 99. The General Allegations set forth above are hereby alleged and fully incorporated in this Count as though fully set forth herein. 100. Inor about August 1998, Rutha Mae Deal of Jacksonville, Florida came to MACKOUL ASSOCIATES to obtain insurance for her home. . 101. You, GEORGE RONALD MACKOUL, informed Rutha Mae Deal that she needed flood insurance for her home in addition to homeowner’s insurance. Per your, GEORGE RONALD _ 20 z = a * 2 E- “consent. MACKOUL, advice, Rutha Mae Deal agreed to purchase flood insurance. 102. You, GEORGE RONALD MACKOUL, had Rutha Mae Deal sign several documents, which you failed to explain to her. You, GEORGE RONALD MACKOUL, also had Rutha Mae Deal execute a power of attorney form appointing you as her attorney-in-fact without knowledge or informed consent. 103. During the insurance transaction, you, GEORGE RONALD MACKOUL, informed Rutha Mae Deal that her flood insurance premium was $271.00. However, the actual flood insurance premium was $221.00. 104. You, GEORGE RONALD MACKOUL, charged Rutha Mae Deal an additional $50.00 which you applied towards the purchase of an ancillary insurance product, a homeowners/renters service contract that Rutha Mae Deal did not want and did not ask for. 105. You, GEORGE RONALD MACKOUL, failed to identify said ancillary product as a separate and optional product that is not required to be purchased. 106. You, GEORGE RONALD MACKOUL, knowingly collected from Rutha Mae Deal a premium or charge for insurance in excess of the premium or charge applicable to such insurance. 107. You, GEORGE RONALD MACKOUL, did cause Rutha Mae Deal to purchase an ~ “ancillary insurance product, a homeowners/renters service contract, without her knowledge or informed i 108. The deceptive omissions and/or misrepresentations to Rutha Mae Deal were made for the purchase of enabling you, GEORGE RONALD MACKOUL, to obtain a substantial fee, commission, money or other benefit. 21 bebe IT IS THEREFORE CHARGED that you, GEORGE RONALD MACKOUL, have violated or are accountable under the following provisions of the Florida Insurance Code, which constitutes grounds for the suspension or revocation of your licenses as an insurance agent in this state: . - (a) Sections 626.561(1), 626.611(4), 626.611(5), 626.611(7), 626.611(9), 626.61 1(10), 626.611(13), 625.621(2), 626.9521(1), 626.9541(1)(a)1, 626.9541(1)(b), 626.9541 (1)(K)1, and 626.9541(1)(0)2, Florida Statutes, which have been fully and specifically set forth in Count I above, and are hereby realleged and fully incorporated herein by reference. _ COUNT XI 109. All General Allegations set forth above are hereby realleged and fully incorporated herein as though fully set forth herein. 110. On or about May 10, 1998, Atef Soliman of Ponte Verda Beach, Florida contacted MACKOUL ASSOCIATES to obtain homeowner’s insurance for one of his rental properties. 111. During the insurance transaction, you, GEORGE RONALD MACKOUL, quoted Atef Soliman a homeowner’s insurance premium of $622.00. Atef Soliman agreed to purchase the insurance at the quoted premium amount. 112. _ During the i insurance transaction, you, GEORGE RONALD MACKOUL, had Atef ey form appointing y you as his atiomey-infact without his knowledge or informed consent. 113. You, GEORGE RONALD MACKOUL, advised Atef Soliman that instead of paying the total insurance premium by check, he (Soliman) should allow you, GEORGE RONALD 22 oe MACKOUL, to obtain the funds for the insurance premium payment from his (Atef Soliman) escrow account. Per your advisement, Atef Soliman agreed to the payment arrangement. 114 Atef Soliman received notification from his mortgage company that you, GEORGE RONALD MACKOUL, obtained an insurance premium payment of $1006.05, instead of the agreed upon premium amount of $622.00. You obtained the insurance premium payment of $1006.05 without Atef Soliman’s knowledge and informed consent. 115. The additional premium payment was partially due to the increase of the insurance premium. However, you, GEORGE RONALD MACKOUL, also applied $100.00 of the monies you obtained from the mortgage company toward the purchase of an ancillary insurance product, a homeowners/renters service contract, that Atef Soliman did not want and did not ask for. 116. You, GEORGE RONALD MACKOUL, charged Atef Soliman an additional $100.00 for the purchase of an ancillary insurance product without his knowledge and informed consent. 117, You, GEORGE RONALD MACKOUL, failed to identify this ancillary product as a separate and optional product that is not required to be purchased. 118. You, GEORGE RONALD MACKOUL, knowingly collected from Atef Soliman via his mortgage company a premium or charge for insurance in excess of the premium or charge applicable to such insurance. 119. You, GEORGE RONALD MACKOUL, did cause Atef Soliman to purchase an ancillary insurance product without his knowledge and informed consent. . 120. The deceptive omissions and/or misrepresentations to Atef Soliman were made for the purchase of enabling you, GEORGE RONALD MACKOUL, to obtain a substantial fee, commission, 23 money or other benefit. IT IS THEREFORE CHARGED that you, GEORGE RONALD MACKOUL, have violated or are accountable under the following provisions of the Florida Insurance Code, which constitutes grounds for the suspension or revocation of your licenses as an insurance agent in this state: (a) Sections 626.561(1), 626.611(4), 626.611(5), 626.611(7), 626.611(9), 626.611(10), 626.611(13), 626.621(2), 626.9521(1), 626.9541(1)(a)1, 626.9541(1)(b), 626.9541(1)(k)1, and 626.9541(1)(0)2, Florida Statutes, which have been fully and specifically set forth in Count I above, and are hereby realleged and fully incorporated herein by reference. COUNT XII — 121. All General Allegations set forth above are hereby realleged and fully incorporated herein as though fully set forth herein. 122. On or about October 10, 1997, Rosa Lee Gainey of Jacksonville, Florida came to MACKOUL ASSOCIATES to renew homeowner’s insurance for her home. 123. You, GEORGE RONALD MACKOUL, quoted Rosa Lee Gainey an insurance premium of $588.15 for said homeowner’s insurance. 124. During the insurance transaction, you, GEORGE RONALD MACKOUL, provided . Rosa Lee Gainey with several documents to sign. However, you did not explain the documents to Ms. Gainey. 125. The actual insurance premium for said homeowner’s insurance was $488.15, you, GEORGE RONALD MACKOUL, applied the additional $100.00 you received from Rosa Lee Gainey due to your insurance premium quote of $588.15 toward the purchase of an ancillary insurance product, 24 seers te a homeowners/renters service contract, that Rosa Lee Gainey did not want and did not ask for. 126. You, GEORGE RONALD MACKOUL, failed to identify said ancillary insurance product as a separate and optional product that is not required to be purchased. 127. You, GEORGE RONALD MACKOUL, did cause Rosa Lee Gainey to purchase an ancillary insurance product for $100.00 without her informed consent. 128. You, GEORGE RONALD MACKOUL, knowingly collected from Rosa Lee Gainey a premium or charge for insurance in excess of the premium or charge applicable to such insurance. 129. The deceptive omissions and/or misrepresentations to Rosa Lee Gainey were made for the purchase of enabling you, GEORGE RONALD MACKOUL, to obtain a substantial fee, commission, money or other benefit. - ITIS THEREFORE CHARGED that you, GEORGE RONALD MACKOUL, have violated or are accountable under the following provisions of the Florida Insurance Code, which constitutes grounds for the suspension or revocation of your licenses as an insurance agent in this state: {a) Sections 626.561(1), 626.611(4), 626.61 1(5), 626.611(7), 626.611(9), 626.61 1(10), 626.611(13), 626.621(2), 626.9521(1), 626.9541(1)(a)1, 626.9541(1)(b), 626.9541(1)(k)1, and 626.9541(1)(0)2, Florida Statutes, which have been fully and specifically set forth in Count I above, and are hereby realleged and fully incorporated herein by reference. ~ COUNT XII 130. All General Allegations set forth above are hereby realleged and fully incorporated herein as though fully set forth herein. 131. On or about October 10, 1996, Rosa Lee Gainey of J: acksonville, Florida came to 25 oneness nei ei be eae iam etaneeenenemtiemmerel MACKOUL ASSOCIATES to purchase homeowner’s insurance for her home. 132. You, GEORGE RONALD MACKOUL, quoted Rosa Lee Gainey an insurance premium of $643.00 for said homeowner’s insurance. 133. During the insurance transaction, you, GEORGE RONALD MACKOUL, provided Rosa Lee Gainey with several documents to sign. However, you failed to explain the documents to Ms. Gainey. 134. You, GEORGE RONALD MACKOUL, had Rosa Lee Gainey execute a power of attorney form appointing you as her attorney-in-fact without her knowledge or informed consent. 135. The actual insurance premium for said homeowner’s insurance was $585.00, you, GEORGE RONALD MACKOUL, applied the additional monies you received from Rosa Lee Gainey due to your insurance premium quote of $643.00 toward the purchase of an ancillary insurance product, a homeowners/renters service contract, that Rosa Lee Gainey did not want and did not ask for. 136. You, GEORGE RONALD MACKOUL, failed to identify said ancill insurance product asa separate and optional product that is not required to be purchased. 137. You, GEORGE RONALD MACKOUL, did cause Rosa Lee Gainey to purchase an ancillary insurance product without her knowledge or informed consent. ' 138. You, GEORGE RONALD MACKOUL, knowingly collected from Rosa Lee Gainey a premium or charge for insurance in excess of the premium or charge applicable to such i insurance, 139. Thed ive omissions and/or misrepresentations to Rosa Lee Gainey were made for the purchase of enabling y you, GEORGE RONALD MACKOUL, to obtain a substantial fee, commission, money or other benefit. 26 ‘cauieiabiebainald ‘ITIS THEREFORE CHARGED that you, GEORGE RONALD MACKOUL, have violated or are accountable under the following provisions of the Florida Insurance Code, which constitutes grounds for the suspension or revocation of your licenses as an insurance agent in this state: (a) Sections 626.561(1), 626.611(4), 626.61 1(5), 626.611(7), 626.611(9), 626.61 1(10), 626.611(13), 626.621(2), 626.9521(1), 626.9541(1)(a)1, 626.9541(1)(b), 626.9541(1)(k)1, and 626.9541(1)(0)2, Florida Statutes, which have been fully and specifically set forth in Count I above, and are hereby realleged and fully incorporated herein by reference. _ WHEREFORE, you, GEORGE RONALD MACKOUL, are hereby notified that the Treasurer and Insurance Commissioner intends to enter an Order revoking or suspending your licenses as an insurance agent in this state or to impose such lesser penalties as may be proper under the provisions of Sections 626.61 1, 626.621, 626.681, 626.691, and 626.9521, Florida Statutes, , under the procedures and rules set forth in this Administrative Complaint. NOTICE OF RIGHTS Pursuant to Section 120.57, Florida Statutes and Rule Chapter 28-106, Florida Administrative Code (F.A.C.), you have a right to Tequest a proceeding to contest this action by the Department. You may elect a i sioterire by completing the attached El ction of Rights form r filing a Petition. Your a proceeding must be in writing and must be filed with the Genera 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 323 99-0333. The 27 ee ere = A RATIO 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; b) An explanation of what relief you are seeking and believe you are entitled to; c) Any other information which you contend is material. 28 lore era STS SSE Lub ea as ii esr eee ea These proceedings are held before a State administrative law judge of the Division of Administrative ’ Hearings. Unless the majority of witnesses are located elsewhere the Department will request that the hearing be conducted in Tallahassee. If you request a hearing, you have the right to be represented by counsel, or other qualified Tepresentative, to take testimony, to call and cross-examine witnesses, and to have subpoena and subpoena duces tecum issued on your behalf. You are 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. DATED and SIGNED this 374 day of 2001. 29 % CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been furnished to: , GEORGE RONALD MACKOUL 9242 Beauclerc Circle W Jacksonville, FL 32257-4906 GEORGE RONALD MACKOUL Mackoul Associates Insurance and Real Estate, Inc. 1628 San Marco Boulevard, Suite 16 Jacksonville, FL 32207-3099 by Certified Mail this £44 day of August 2001. Mechele R. McBride, Esquire We Division of Legal Services 612 Larson Building 200 East Gaines Street Tallahassee, Fl 32399-0333 30

Docket for Case No: 01-003548PL