J4- 3022 PL FLED AUG 15 2002 Dooketed by 2Lezee? THE TREASURER OF THE STATE OF FLORIDA vu DEPARTMENT OF INSURANCE Tom GALLAGHER TN THE MATTER OF: CASE NO.: 61851-02-AG VINCENT BONDI ADMINISTRATIVE COMPLAINT TO: VINCENT BONDI 4733 NW 5TH STREET DEERFIELD BEACH, FLORIDA 33442-9341 WHY 61 43 20 He You, VINCENT BONDL are hereby notified that the Insurance Commissidttr 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, VINCENT BONDI, were licensed in this state as a Life (2- 16), Life & Health (2-18), and Health (2-40) agent, and are currently so licensed, license I.D. #A02462. 2. At all times pertinent to the dates and occurrences referred to herein, you, VINCENT BONDI, 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 material hereinafter related, you, VINCENT BONDI, sold insurance to consumers certain health insurance coverage through misrepresentation. COUNT I 5. The above general allegations are hereby realleged and fully incorporated herein by reference. 6. In or around December 2001, you, VINCENT BONDI, as a licensed insurance agent, consulted with Ronald M. Siegel for the purpose of selling him health insurance coverage to be issued by American National Life Insurance Company. Mr. Siegel informed you that he desired to obtain a comprehensive health insurance plan. You informed Mr. Siegel that you could provide same but it would first be necessary for him to join the National Business Association in order to apply for such insurance coverage. Mr. Siegel signed an application prepared and presented by you and furnished to you his check in the sum of $559.00 made payable to National Business Association. Thereafter, policy number MX5492079 was issued by American National Life Insurance Company and delivered to Mr. Siegel. Upon examination of such policy Mr. Siege! discovered that it represented a catastrophic health insurance policy and not a comprehensive health insurance plan as you had otherwise represented to him. Mr. Siegel further discovered that you had presented to American National Life Insurance Company a fraud statement form with a signature thereon falsely purporting to be his. Upon Mr. Siegel's complaint to the company the transaction was rescinded with a refund to him in the sum of $559.00. IT IS THEREFORE CHARGED that you, VINCENT BONDI, 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) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance, [Section 626.611(7), Florida Statutes]; ‘ (b) 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 IX of this chapter, or having otherwise having 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]; (c) Fraudulent or dishonest practices in the conduct of business under the license or appointment. {Section 626.611(9), Florida Statutes]; COUNT Il 7. The above general allegations are hereby realleged and fully incorporated herein by reference. 8. On or about December, 2001, you VINCENT BONDI, as a licensed insurance agent, consulted with Sheila Hilser, for purposes of selling her health insurance coverage. Ms. Hilser informed you that she desired a health plan that offered coverage for doctor visits, laboratory, x-rays and prescriptions. You represented to her that you could provide such coverage afforded by American National Insurance Company through membership in the National Business Association. You prepared and presented to her an application form which she signed and she delivered to you her check in the sum of $458.00 made payable to the National Business Association. Thereafter, said Sheila Hilser received the policy issued by American National Insurance Company and upon review of same discovered that she was not afforded the benefits which she desired for out of hospital medical charges and which you had otherwise represented to her would be afforded. Ms. Hilser thereupon made complaint to the Department of Insurance and eventually, American National Insurance Company rescinded the transaction and made full refund to her of monies which she had originally presented to you. IT IS THEREFORE CHARGED that you, VINCENT BONDI, 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) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; (b) 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 IX of this chapter, or having otherwise having 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]; (c) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), Florida Statutes]; WHEREFORE, you, VINCENT BONDI, 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. If 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 from the agency. If a 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. ‘ Ifa 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 the grounds upon which the Department has relied. While a hearing is normally not required in the absence ofa 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 and SIGNED this. 15th day of _ August , 2002. Conk KENNEY SHIPLEY Deputy Insurance Commissioner 5 WON oye ee, CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF RIGHTS have been furnished to: VINCENT BONDI, 4733 NW th Street, Deerfield Beach, Florida 33442-9341 by Certified Mail this 15th day of August 2002. EEE Dean Andrews Division of Legal Services 200 East Gaines St. 612 Larson Building Tallahassee, Florida 32399-0333 (850) 413-4242 Florida Bar Number 0001959 STATE OF FLORIDA one DEPARTMENT OF INSURANCE SUE DIVISION OF LEGAL SERVICES 02 SEP 19 AMI: 13 IN THE MATTER OF: Uw oie, ADMINISTRATIVE CASE NO.: 6185 HBARNGS VINCENT BONDI / ELECTION OF PROCEEDING I have received and have read the Notice of the ADMINISTRATIVE COMPLAINT filed against me, including the Notice of Rights contained therein, and I understand my options. I am requesting disposition of this matter as indicated below. (Choose one) 1[] I do not dispute any of the Department’s factual allegations and I do not desire a hearing. I understand that by waiving my right to a hearing, the Department may enter a final order that adopts the Administrative Complaint and imposes the sanctions sought, including revoking my licenses and appointments as may be appropriate. 2. I do not dispute any of the Department's factual allegations and I hereby elect a proceeding to be conducted in accordance with section 120.57(2), Fiorida Statutes. In this regard, I desire to (Choose one): (J Submit a written statement and documentary evidence in lieu of a hearing; or [) Personally attend a hearing conducted by a department hearing officer in Tallahassee, or {] Attend that same hearing by way of a telephone conference call. 3.[] I do dispute one or more of the Department's factual allegations. I hereby request a hearing pursuant to section 120.57(1), Florida Statutes, to be held before the Division of Administrative Hearings. TO PRESERVE YOUR RIGHT TO A HEARING, YOU MUST FILE YOUR RESPONSE WITH THE DEPARTMENT OF INSURANCE WITHIN TWENTY-ONE (21) DAYS OF YOUR RECEIPT OF THE ADMINISTRATIVE COMPLAINT. THE RESPONSE MUST BE RECEIVED BY THE DEPARTMENT NO LATER THAN 5:00 P.M. ON THE TWENTY-FIRST DAY AFTER YOUR RECEIPT OF THE ADMINISTRATIVE COMPLAINT. The address for filing is: General Counsel as acting agency clerk, Florida Department of Insurance, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0333. Signature Print Name Date: Address: Phone No.:

Docket for Case No: 02-003622PL