Le BARR PU. FILED ] 1 j | Fe8 7 2002 THE TREASURER OF THE STATE OF FLORIDA DEPARTMENT OF INSURANCE Treasurer and TOM GALLAGHER tneurance , Dotketed by: IN THE MATTER OF: TIMOTHY JAMES CONNOR CASE NO.: ADMINISTRATIVE COMPLAINT TO: TIMOTHY JAMES CONNOR 11364 Woodchuck Drive Boca Raton, FL 33428-2652 TIMOTHY JAMES CONNOR - Metlife 1550 NE Miami Gardens Drive Suite 200 North Miami Beach, FL 33179-4836 You, TIMOTHY JAMES CONNOR, 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, TIMOTHY JAMES CONNOR, were licensed in this state as a life and variable annuity contracts, life, health and variable annuity contracts, life, and general lines agent and are currently so licensed, License I.D. #A053226. 2. At all times pertinent to the dates and occurrences referred to herein, you, TIMOTHY JAMES CONNOR, were licensed in this state as an insurance agent. 3, Pursuant to Chapter 626, Florida Statutes, the Florida Department of Insurance has jurisdiction over your insurance licenses and appointments. 4. At all times relevant to the dates and occurrences referred to herein, you, TIMOTHY JAMES CONNOR, were the president, director and owner of Connor Insurance Group, Inc. which was utilized by you in your sales activities as a licensed insurance agent. 5. During the year 1998 and thereafter you, TIMOTHY JAMES CONNOR, as a licensed insurance agent, caused thirty five (35) separate homeowner insurance policies to be issued by Scottsdale Insurance Company and failed to promptly remit premium costs therefor collected by you from each insured. ° 6. That during the year 1998 and thereafter, you, TIMOTHY JAMES CONNOR, collected insurance premiums from numerous customers to be remitted to Kornreich Insurance and Financial Services and to Firestone Agency of Florida, Inc. for issuance of insurance coverages all of which you failed to do. COUNT I 7. The above general allegations are hereby realleged and fully incorporated herein by reference. 8. On or about the period October through November 1998, you, TIMOTHY JAMES CONNOR, as a licensed insurance agent, collected premiums for insurance coverage from Eleanor Barton, Ruth Carol, Joseph and Martha Drumond, Ryan Lawrence, Rose Navatta, Monica Wright, and failed to remit same to Burns & Wilcox, LTD in accordance with your producers agreement, causing cancellation of coverages with subsequent reinstatement occurring only after you later remitted premiums upon repeated demand. IT IS THEREFORE CHARGED that you, TIMOTHY JAMES CONNOR, 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 and eligibility as an insurance agent: (a) Ali premiums belonging to insurers or others received by an agent or trust funds and the agent shall account for and pay same to the insurer. [Section 626.561(1), Florida Statutes]; (b) Any agent not being lawfully entitled thereto, wither temporarily or permanently diverts or misappropriates such funds or any portion thereof or deprives the other person of a benefit therefrom commits misdemeanor and/or felony offense as specified. [Section 626.561(3), Florida Statutes]; (c) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; (d) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), Florida Statutes]; (e) 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]. COUNT II 9. The above general allegations are hereby realleged and fully incorporated herein by reference. 10. On or about March 12, 1999, you, TIMOTHY JAMES CONNOR, as a licensed insurance agent, received from Daniel Molyneaux his check in the sum of one thousand two hundred and fifty eight dollars twenty three cents ($1,258.23) as and for the premium cost for home owners insurance issued by Scottsdale Insurance Company. You, TIMOTHY JAMES CONNOR, failed to timely remit such premium cost to the company thus causing notice of cancellation to be issued to Daniel Molyneaux on April 28, 1999. IT IS THEREFORE CHARGED that you, TIMOTHY JAMES CONNOR, 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 and eligibility as an insurance agent: (a) All premiums belonging to insurers or others received by an agent or trust funds and the agent shall account for and pay same to the insurer. [Section 626.561(1), Florida Statutes]; (b) Any agent not being lawfully entitled thereto, wither temporarily or permanently diverts or misappropriates such funds or any portion thereof or deprives the other person of a benefit therefrom commits misdemeanor and/or felony offense as specified. [Section 626.561(3), Florida Statutes]; (c) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.61 1(7), Florida Statutes}; (d) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.61 1(9), Florida Statutes]; (e) 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]. COUNT III 11. The above general allegations are hereby realleged and fully incorporated herein by reference. 12. On or about March 27, 2000, you, TIMOTHY JAMES CONNOR, received from Brenda Skidgel her check in the sum of one thousand five hundred twenty two ($1,522.00) as and for premium costs for homeowners insurance to be issued by Universal Insurance Company all in accordance with certificate of property insurance issued by you on that date. Subsequent to this occurrence and upon inquiry by Brenda Skidgel she learned that no policy had been issued by Universal. Upon contact with you she was advised that the policy would then be issued by Firestone with an additional premium costs of twenty six dollars and twenty six cents ($26.26) which she provided to you by check. Several months thereafter and upon her contact with Firestone she was informed that she had no insurance coverage from that organization. Upon contact with you, you next advised that coverage would then be afforded through American Strategic Insurance Company and that such coverage would become effective October 6, 2000. The said Brenda Skidgel was therefore without any insurance coverage for the period March 29, 2000 through October 6, 2000 although she had long since paid to you a one year premium therefore. Six (6) months after this occurrence, the said Brenda Skidgel received a notice of cancellation from American Strategic with advice that you had remitted only the premium costs for six (6) months coverage. She then again remitted premium costs for six (6) months additional coverage of the year and called upon you to reimburse her for such costs which you failed to do. IT IS THEREFORE CHARGED that you, TIMOTHY JAMES CONNOR, 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 and eligibility as an insurance agent: (a) All premiums belonging to insurers or others received by an agent or trust funds and the agent shall account for and pay same to the insurer. [Section 626.561(1), Florida Statutes]; (b) Any agent not being lawfully entitled thereto, wither temporarily or permanently diverts or misappropriates such funds or any portion thereof or deprives the other person of a benefit therefrom commits misdemeanor and/or felony offense as specified. [Section 626.561(3), Florida Statutes]; (c) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; (d) Fraudulent or dishonest practices in the conduct of business under the license or appointment. (Section 626.61 1(9), Florida Statutes]; (e) 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]. COUNT IV 13. The above general allegations are hereby realleged and fully incorporated herein by reference. 14. On or about July 14, 2000, you, TIMOTHY JAMES CONNOR, as a licensed insurance agent, received from Eduardo Melendez his check in the sum of one thousand two hundred and fifteen dollars ($1, 215.00) as and for a one year premium cost for homeowners insurance to be issued by American Strategic Insurance Company. You failed to remit to the company the full year of premium and made only a partial payment causing cancellation of coverage and causing the said Eduardo Melendez to pay the entire premium again in order to maintain his homeowners insurance. IT IS THEREFORE CHARGED that you, TIMOTHY JAMES CONNOR, 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 and eligibility as an insurance agent: ° (a) All premiums belonging to insurers or others received by an agent or trust funds and the agent shall account for and pay same to the insurer. [Section 626.561(1), Florida Statutes]; (b) Any agent not being lawfully entitled thereto, wither temporarily or permanently diverts or misappropriates such funds or any portion thereof or deprives the other person of a benefit therefrom commits misdemeanor and/or felony offense as specified. [Section 626.561(3), Florida Statutes); (c) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; (d) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.61 1(9), Florida Statutes]; (e) 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}. COUNT V 15. The above general allegations are hereby realleged and fully incorporated herein by reference. 16. For the years 1999, 2000 and 2001, one John Scanlon purchased from you, TIMOTHY JAMES CONNOR, as a licensed insurance agent, homeowners insurance coverage issued through Universal Property and Casualty Company. For each of those years the premium cost therefore was paid from his escrow account maintained by First Union Bank. For the years 2000 and 2001, however, you separately billed the said John Scanlon for annual premium costs already paid from his escrow account and he remitted same to you to wit; seven hundred and sixty five dollars ($765.00) on January 29, 2000 and seven hundred nine dollars ($709.00) on February 7, 2001. Upon discovery of these duplicate premium payments the said John Scanlon contacted you for recovery of same all to no avail. IT IS THEREFORE CHARGED that you, TIMOTHY JAMES CONNOR, 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 and eligibility as an insurance agent: (a) All premiums belonging to insurers or others received by an agent or trust funds and the agent shall account for and pay same to the insurer. [Section 626.561(1), Florida Statutes]; (b) Any agent not being lawfully entitled thereto, wither temporarily or permanently diverts or misappropriates such funds or any portion thereof or deprives the other person of a benefit therefrom commits misdemeanor and/or felony offense as specified. [Section 626.561(3), Florida Statutes]; (c) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; (d) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), Florida Statutes]; (e) 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]. WHEREFORE, you, , are hereby notified that the Treasurer and Insurance Commissioner intends to enter an Order suspending or revoking your licenses and appointments as an insurance agent or to impose such penalties as may be provided under the provisions of Sections 626.611, 626.621, 626.681, 626.691, and 626.9521, Florida Statutes, and under the other referenced sections of the Florida Statutes as set out in this Administrative Complaint. NOTICE OF RIGHTS You have the right to request a proceeding to contest this action by the Department pursuant to sections 120.569 and 120.57, Florida Statutes, and Rule 28-107, Florida Administrative Code. The proceeding request must be in writing, signed by you, and must be filed with the Department within twenty-one (21) days of your receipt of this notice. Completion of the attached Election of Proceeding form and/or a petition for administrative hearing will suffice as a written request. The request must be filed with the General Counsel as acting Agency Clerk, at the Florida Department of Insurance, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0333. Your written response must be received by the Department no later than 5:00 p.m. on the twenty-first day after your receipt of this notice. Mailing the response on the twenty-first day will not preserve your right to a hearing, YOUR FAILURE TO RESPOND IN WRITING WITHIN TWENTY-ONE (21) DAYS OF YOUR RECEIPT OF THIS NOTICE 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. Tf you request a proceeding, you must provide information that complies with the requirements of Rule 28-107.004, Florida Administrative Code, As noted above, completion of the attached Election of Proceeding form conforms to these requirements. Specifically, your response must contain: (a) The name and address of the party making the request, for purpose of service; (b) A statement that the party is requesting a hearing involving disputed issues of material fact, or a hearing not involving disputed issues of material fact; and (c) A reference to the notice, order to show cause, administrative complaint, or other communication that the party has received form the agency. Ifa hearing of any type is requested, you have the right to be represented by counsel or other qualified representative at your expense, to present evidence and argument, to call and cross-examine witnesses, and to compel the attendance of witnesses and the production of documents by subpoena. If a proceeding is requested and there is no dispute of material fact, the provisions of section 120.57(2), Florida Statutes, apply. In this regard, you may submit oral or written evidence in opposition to the action taken by the Department or a written statement challenging 10 the grounds upon which the Department 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. However, if you dispute material facts which are the basis for the Department’s action, you must request an adversarial proceeding pursuant to sections 120.569 and 120.57(1), Florida Statutes. 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, Florida. Failure to follow the procedure outlined with regard to your response to this notice may result in the request being denied. All prior oral communication or correspondence in this matter shall be considered freeform agency action, and no such oral communication or correspondence shall operate as a valid request for an administrative proceeding. Any request for an 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. Mediation of this matter pursuant to section 120.573, Florida Statutes, is not available. No Department attorney will discuss this matter with you until the response has been received by the Department of Insurance. DATED this_ 7th _ day of FEBRUARY , 2002. aa KENNEY SHIPLEY? Deputy Insurance Commissioner 1] CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing has been furnished to TIMOTHY JAMES CONNOR, 11364 Woodchuck Drive, Boca Raton, FL 33428-2652 and TIMOTHY JAMES CONNOR, Metlife, 1550 NE Miami Gardens Drive, Suite 200, North Miami Beach, FL 33179-4836 by U.S. Certified Mail this 7th day of __ FEBRUARY , 2002. Dean Andrews : Fla. Bar No,: 0001959 Florida Department of Insurance Division of Legal Services 612 Larson Building 200 East Gaines Street Tallahassee, Florida 32399-0333 (850) 413-4242

Docket for Case No: 02-002288PL