THE TREASURER OF THE STATE OF FLORIDA 4 ie a ' ie: DEPARTMENT OF INSURANCE TOM GALLAGHER : IN THE MATTER OF: CASE NO. : 40814-01-AG NINA MICHELLE CROASMUN-ROBERTS ~ OL-YTb6 AL ADMINISTRATIVE COMPLAINT TO: NINA MICHELLE CROASMUN-ROBERTS 5858 Whiting Ct. Fort Myers, Florida 33919-3314 NINA MICHELLE CROASMUN-ROBERTS American Roads Insurance Agency 3629 Palm Beach Blvd. Fort Myers, Florida 33916-3723 You, NINA MICHELLE CROASMUN-ROBERTS, License I.D. #4057894 are hereby notified that the Insurance Commissioner of the State of Florida has caused to be made an investigation of your activities while licensed as an insurance agent in this state, as a result of which it is alleged: GENERAL ALLEGATIONS 1. Pursuant to Chapter 626, Florida Statutes, you, NINA MICHELLE CROASMUN- ROBERTS, license I.D. #4057894 are currently licensed in this state as a general lines insurance agent. ; ' f 2. . At all times pertinent to the dates and occurrences referred to herein, you, NINA MICHELLE CROASMUN-ROBERTS, were licensed in this state only as a limited customer representative. 3. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Insurance (hereinafter referred to as “Department”) has jurisdiction over your insurance license and appointments. . 4. Between January 3, 2000 and August 10, 2000, you, NINA MICHELLE CROASMUN-ROBERTS, acted as an agent of American Roads, Inc. d/b/a American Roads Insurance Agency without the supervision of a licensed general lines insurance agent. 5. At all times relevant to the dates and occurrences referred to herein, all funds received by you, NINA MICHELLE CROASMUN-ROBERTS, from consumers or on behalf of consumers representing premiums for insurance policies, were trust funds pursuant to Section 626.561(1), Florida Statutes, and were received in a fiduciary capacity and were to be accounted for and paid over to the insurer, insured or other persons entitled thereto in the regular course of business. COUNT I 6. The above general allegations are hereby re-alleged and fully incorporated herein by reference. 7. On or about April 14, 2000, you, NINA MICHELLE CROASMUN-ROBERTS, prepared an application for and sold an automobile insurance policy to Carmelo Vasquez of Fort Myers, Florida. 8. You, NINA MICHELLE CROASMUN-ROBERTS accepted a cash down payment on behalf of Occidental Fire and Casualty for the aforementioned policy of ONE ” HUNDRED EIGHTY-THREE DOLLARS ($183.00) and thereafter accepted several money order payments for said policy. | 9. As of December 13, 2000, you, NINA MICHELLE CROASMUN-ROBERTS, had failed to timely remit payment or application for the aforementioned policy to the Occidental Fire and Casualty. 10. At no time was a licensed general lines insurance agent present during the aforementioned transaction outlined in paragraphs seven through nine. IT IS THEREFORE CHARGED that you, NINA MICHELLE CROASMUN-ROBERTS, 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 license and appointments: (a) All premiums, return premiums, or other funds belonging to insurers or others received by an agent, customer representative, solicitor, or adjuster in transactions under his or her license are trust funds received by the licensee in a fiduciary capacity. An agent shal! keep the funds belonging to each insurer for which he or she is not appointed, other than a surplus lines insurer, in a separate account so as to allow the department to properly audit such funds. The licensee in the applicable regular course of business shall account for and pay the same to the insurer, insured, or other person entitled thereto. [Section 626.561(1), Florida Statutes]; . (b) Failure to pass to the satisfaction of the department any examination required under this code. [Section 626.61 1(3), Florida Statutes]; (c) If the license or appointment is willfully used, or to be used, to circumvent any of the requirements or prohibitions of this code. [Section 626.611(4), Florida Statutes}; ww (d) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; (e) Demonstrated lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment. [Section 626.611(8), Florida Statutes]; (f) Misappropriation, conversion, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in conduct of business under the license or appointment. [Section 626.611(10), Florida Statutes.]; (g) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), Florida Statutes]; (h) Willful failure to comply with, or willful violation of, any proper order or rule of the Department or willful violation of any provision of this code. [Section 626.611(13), Florida Statutes]; (i) Violation of any provision of this code or of any other law applicable to the business of insurance in the course of dealing under the license or appointment. [Section 626.621(2), Florida Statutes]; (j) In the conduct of business under the license or permit, engaging in unfair methods of competition or in unfair or deceptive acts or practices, as prohibited under part X of Chapter 626, F lorida Statutes, or having otherwise shown himself or herself to be a source of injury or loss to the public. [Section 626.621(6), Florida Statutes]; | (k) 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]; (1) Any agent, solicitor, collector, or other person who represents any insurer or collects or does business without the authority of the insurer, secures cash advances by false statements, or fails to turn over when required or satisfactorily account for, all collections of such insurer. [Section 626.9541(1)(u)2., Florida Statutes]. COUNT II 11. The above general allegations are hereby re-alleged and fully incorporated herein by reference. 12. On or about June 23, 2000, you, NINA MICHELLE CROASMUN-ROBERTS, prepared an application for and sold an automobile insurance policy to Kerrie Ann Winters of Fort Myers, Florida. 13. You, NINA MICHELLE CROASMUN-ROBERTS accepted a cash down payment on behalf of Seminole Casualty Insurance Company for the aforementioned policy of ONE HUNDRED FIFTY-TWO DOLLARS ($152.00). 14. As of December 13, 2000, you, NINA MICHELLE CROASMUN-ROBERTS, had failed to timely remit payment or application for the aforementioned policy to the Seminole Casualty Insurance Company. 15. At no time was a licensed general lines insurance agent present during the aforementioned transaction outlined in paragraphs seven through nine. IT IS THEREFORE CHARGED that you, NINA MICHELLE CROASMUN-ROBERTS, 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 license and appointments: (a) All premiums, return premiums, or other funds belonging to insurers or others received by an agent, customer representative, solicitor, or adjuster in transactions under his or her license are trust funds received by the licensee in a fiduciary capacity. An agent shall keep the funds belonging to each insurer for which he or she is not appointed, other than a surplus lines insurer, in a separate account so as to allow the department to properly audit such funds. The licensee in the applicable regular course of business shall account for and pay the same to the insurer, insured, or other person entitled thereto. [Section 626.561(1), Florida Statutes]; (b) Failure to pass to the satisfaction of the department any examination required under this code. [Section 626.611(3), Florida Statutes]; (c) If the license or appointment is willfully used, or to be used, to circumvent any of the . requirements or prohibitions of this code. [Section 626.611(4), Florida Statutes]; (d) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; (e) Demonstrated lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment. [Section 626.611(8), Florida Statutes]; 7 (f) Misappropriation, conversion, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in conduct of business under the license or appointment. [Section 626.611(10), Florida Statutes.]; (g) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), Florida Statutes]; (hb) Willful failure to comply with, or willful violation of, any proper order or rule of the Department or willful violation of any provision of this code. [Section 626.611(13), Florida Statutes]; (i) Violation of any provision of this code or of any other law applicable to the business of insurance in the course of dealing under the license or appointment. [Section 626.621(2), Florida Statutes]; (j) In the conduct of business under the license or permit, engaging in unfair methods of competition or in unfair or deceptive acts or practices, as prohibited under part X of Chapter 626, Florida Statutes, or having otherwise shown himself or herself to be a source of injury or loss to the public. [Section 626.621(6), Florida Statutes]; , (k) 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]; (l) Any agent, solicitor, collector, or other person who represents any insurer or collects or does business without the authority of the insurer, secures cash advances by false statements, or fails to turn over when required or satisfactorily account for, all collections of such insurer. [Section 626.9541(1)(u)2., Florida Statutes]. - COUNT i - 16. The above general allegations are hereby re-alleged and fully incorporated herein by reference. 17. On or about July 14, 2000, you, NINA MICHELLE CROASMUN-ROBERTS, prepared an application for and sold an automobile insurance policy to Cynthia Wasserlein of Fort Myers, Florida. 18. You, NINA MICHELLE CROASMUN-ROBERTS accepted a cash down payment on behalf of Occidental Fire and Casualty for the aforementioned policy of ONE HUNDRED THIRTY-SIX DOLLARS ($136.00). 19. As of November, 2000, you, NINA MICHELLE CROASMUN-ROBERTS, had failed to timely remit payment or application for the aforementioned policy to the Occidental Fire and Casualty. 20. At no time was a licensed general lines insurance agent present during the aforementioned transaction outlined in paragraphs seven through nine. IT IS THEREFORE CHARGED that you, NINA MICHELLE CROASMUN-ROBERTS, 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 license and appointments: (a) All premiums, return premiums, or other funds belonging to insurers or others received by an agent, customer representative, solicitor, or adjuster in transactions under his or her license are trust funds received by the licensee in a fiduciary capacity. An agent shall keep the funds belonging to each insurer for which he or she is not appointed, other-than a surplus lines insurer, in a separate account so as to allow the department to properly audit such funds. The licensee in the applicable regular course of business shall account for and pay the same to the insurer, insured, or other person entitled thereto. [Section 626.561(1), Florida Statutes]; (b) Failure to pass to the satisfaction of the department any examination required under this code. [Section 626.611(3), Florida Statutes]; (c) If the license or appointment is willfully used, or to be used, to circumvent any of the requirements or prohibitions of this code. [Section 626.611(4), Florida Statutes]; (d) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; (ce) Demonstrated lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment. [Section 626.61 1(8), Florida Statutes]; (f) Misappropriation, conversion, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in conduct of business under the license or appointment. [Section 626.611(10), Florida Statutes. ]; (g) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), Florida Statutes]; (h) Willful failure to comply with, or willful violation of, any proper order or rule of the Department or willful violation of any provision of this code. [Section 626.611(13), Florida Statutes]; (i) Violation of any provision of this code or of any other law applicable to the business of insurance in the course of dealing under the license or appointment. [Section 626.621(2), Florida Statutes]; (j) In the conduct of business under the license or permit, engaging in unfair methods of competition or in unfair or deceptive acts or practices, as prohibited under part X of Chapter 626, SPE RETR Fn Omen es mame eer