FLORIDA DEPARTMENT OF FINANCIAL SERVICES FILED TOM GALLAGHER CHIEF FINANCIAL OFFICER JUL 6 2004 STATE OF FLORIDA : ovonwe ny UL a CASE NO.:' 68144-04-AG 2 CHRISTINE LYNN CROWLEY . ss OY FOSPL IN THE MATTER OF: i) ADMINISTRATIVE COMPLAINT TO: CHRISTINE LYNN CROWLEY c/o Jed Berman, Esquire Infantino and Berman P. O. Drawer 30 Winter Park, Florida 32790-0030 You, CHRISTINE LYNN CROWLEY, are hereby notified that the Chief Financial Officer of the State of Florida has caused to be made an investigation of your activities while licensed as an insurance agent in this state and as a result of which it is alleged: GENERAL ALLEGATIONS 1. Pursuant to Chapter 626, Florida Statutes, you, CHRISTINE LYNN CROWLEY, currently are licensed in this state as Life (2-16), Life and Health (2-18), General Lines (2-20), and Health (2-40) agent, and were so licensed at all times relevant to the dates and occurrences referenced herein. Your license identification number is A058505. 2. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial Services (hereinafter referred to as the “Department”) has jurisdiction over your license and appointments. 3. At all times relevant to the dates and occurrences referenced herein you, CHRISTINE LYNN CROWLEY, were employed or affiliated with Margate Insurance, Inc. d/b/a Alexander Insurance Brokers (hereinafter “Margate Insurance”), in Margate, Florida. 4. - At all times relevant to the dates and occurrences referenced herein you, CHRISTINE LYNN CROWLEY, were an officer, director, or stockholder of Margate Insurance. 5. At all times relevant to the dates and occurrences referenced herein you, CHRISTINE LYNN CROWLEY, were the only authorized signer on the Margate Insurance business account at Bank Atlantic. 6. On January 14, 2003, you, CHRISTINE LYNN CROWLEY, and the Department entered into a Settlement Stipulation for Consent Order arising out of an Administrative Complaint. The Department alleged that you, CHRISTINE LYNN CROWLEY, had failed to remit unearned commissions to an insurer. This matter was resolved by your payment of a Five Hundred Dollar ($500.00) administrative penalty, and your license being placed on one-year probation. COUNT I 7. The above General Allegations are hereby realleged and fully incorporated herein by reference. | 8. On or about December 2, 1999, you, CHRISTINE LYNN CROWLEY, sold Audrey Ward a homeowners/renters service contract without her informed consent. IT IS THEREFORE CHARGED that you, CHRISTINE LYNN CROWLEY, have violated or are accountable under one or more of 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) No person shall transact insurance in this state, or relative to a subject of insurance resident, located, or to be performed in this state, without complying with the applicable provisions of this code. [Section 624.11(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 this 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 dissemination of information or advertising. [Section 626.611(5), 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 626.61 1(8), Florida Statutes). (f) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), Florida Statutes]. (g) Willful failure to comply with, or willful violation of, any proper order or rule of the department, commission, or office or willful violation of any provision of this code. [Section 626.611(13), Florida Statutes]. (h) __ 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]. G) Violation of any lawful order or rule of the department, commission, or office. [Section 626.621(3), Florida Statutes]. q) 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 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]. (k) Charging an applicant for a specific ancillary coverage or product, in addition to the cost of the insurance coverage applied for, without the informed consent of the applicant. {Section 626.9541(1)(z)3., Florida Statutes]. COUNT II 9. The above General Allegations are hereby realleged and fully incorporated herein by reference. 10. Onor about May 8, 2000, you, CHRISTINE LYNN CROWLEY, sold Audrey Ward a homeowners/renters service contract without her informed consent. IT IS THEREFORE CHARGED that you, CHRISTINE LYNN CROWLEY, have violated or are accountable under one or more of 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 624.11(1), 626.611(4), 626.611(5), 626.611(7), 626.611(8), 626.611(9), 626.611(13), 626.621(2), 626.621(3), 626.621(6), and 626.9541(1)(z)3., Florida Statutes, which are more fully set forth in Count I above and fully incorporated herein by reference. COUNT Ill 11. The above General Allegations are hereby realleged and fully incorporated herein by reference. 12. Onor about April 16, 2001, you, CHRISTINE LYNN CROWLEY, solda homeowner’s insurance policy to John L. Moore, and received his check in the amount of One Thousand Five Hundred Eighty-four Dollars and Sixty-two Cents ($1,584.62) as premium payment in full for this policy. 13. The actual premium on this policy was One Thousand Four Hundred Eighty-four Dollars and Sixty-two Cents ($1,484.62). 14, Unbeknownst to Mr. Moore, you, CHRISTINE LYNN CROWLEY, financed the majority of the premium on this policy and forwarded to the premium finance company as down payment only Three Hundred Eighty-four Dollars and Sixty-two Cents ($384.62). 15. On or about this same date, you, CHRISTINE LYNN CROWLEY, sold Mr. Moore a homeowners/renters service contract without his informed consent. IT IS THEREFORE CHARGED that you, CHRISTINE LYNN CROWLEY, have violated or are accountable under one or more of 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 624.11(1), 626.611(4), 626.611(5), 626.611(7), 626.611(8), 626.611(9), 626.611(13), 626.621(2), 626.621(3), 626.621(6), and 626.9541(1)(z)3., Florida Statutes, which are mote fully set forth in Count I above and fully incorporated herein by reference. (b) 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 16. On or about January 26, 2001, you, CHRISTINE LYNN CROWLEY, sold a private passenger automobile insurance policy to Patricia E. Hannan. 17. 7 Ms. Hannan paid Margate Insurance Five Hundred Sixty-three Dollars ($563.00) as down payment on the premium for this policy and agreed to finance the remainder of the premium. 18. Only Three Hundred Seventy-five Dollars ($375.00) was forwarded to the premium finance company as down payment. 19. | Onor about April 26, 2001, this policy was cancelled resulting in a refund of earned premium and commission being due to Ms. Hannan. 20. Ms. Hannan did not receive any refund. IT IS THEREFORE CHARGED that you, CHRISTINE LYNN CROWLEY, have violated or are accountable under one or more of 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 624.11(1), 626.611(4), 626.611(5), 626.611(7), 626.611(8), 626.611(9), 626.611(13), 626.621(2), and 626.621(3), Florida Statutes, which are more fully set forth in Count I above and fully incorporated herein by reference. (b) 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 21. The above General Allegations are hereby realleged and fully incorporated herein by reference. 22. _Onor about October 30, 2000, HomeSide Lending, Inc., the mortgagee on the residence of Suzanne M. Vaughan, issued a check for Seven Hundred Twenty Dollars and Sixty- four Cents ($720.64) to Margate Insurance as payment of renewal premium for an insurance policy providing for homeowner’s coverage on Vaughan’s residence. 23. This check was deposited into the business bank account of Margate Insurance. 24. These funds never were forwarded to the insurer and Vaughan’s insurance coverage lapsed as a result. IT IS THEREFORE CHARGED that you, CHRISTINE LYNN CROWLEY, have violated or are accountable under one or more of 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 624.11(1), 626.611(4), 626.611(5), 626.611(7), 626.611(8), 626.6119), 626.611(13), 626.621(2), and 626.621(3), Florida Statutes, which are more fully set forth in Count I above and fully incorporated herein by reference. . (b) 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 VI 25. The above General Allegations are hereby realleged and fully incorporated herein by reference. 26. Onor about July 16, 2001, you, CHRISTINE LYNN CROWLEY, sold your insurance agency, Margate Insurance, Inc. d/b/a Alexander Insurance Brokers, located at 6828 West Atlantic Boulevard, Margate, Florida, and since that time you have not conducted business at that location. 27. From approximately October 22, 2001, until approximately February 20, 2002, you, CHRISTINE LYNN CROWLEY, were employed with Insurance Risk Managers, Inc. at 23123 State Road 7, Boca Raton, Florida. This was your principal business address during this time. 28. As of the date of this Administrative Complaint, you, CHRISTINE LYNN CROWLEY, have not notified the Department of a change in your principal business. It is still listed as 6828 West Atlantic Boulevard, Margate, Florida. IT IS THEREFORE CHARGED that you, CHRISTINE LYNN CROWLEY, have violated or are accountable under one or more of 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 624.11(1), 626.611(4), 626.611(13), 626.621(2), and 626.621(3), Florida Statutes, which are more fully set forth in Count I above and fully incorporated herein by reference. (b) Every licensee shall notify the department or office in writing within 60 days after a change of name, residence address, principal business street address, or mailing address. [Section 626.551, Florida Statutes]. COUNT VII 29. | The above General Allegations are hereby realleged and fully incorporated herein by reference. 30. 7 From approximately March 11, 2002, until approximately March 13, 2003, you, CHRISTINE LYNN CROWLEY, were employed with PJK Insurance, Inc., at 2500 North Powerline Road, Pompano Beach, Florida. This was your principal business address during this time. 31. As of the date of this Administrative Complaint, you, CHRISTINE LYNN CROWLEY, have not notified the Department of a change in your principal business. It is still listed as 6828 West Atlantic Boulevard, Margate, Florida. IT IS THEREFORE CHARGED that you, CHRISTINE LYNN CROWLEY, have violated or are accountable under one or more of 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 624.11(1), 626.611(4), 626.611(13), 626.621(2), and 626.621(3), Florida Statutes, which are more fully set forth in Count I above and fully incorporated herein by reference. | . (b) Every licensee shall notify the department or office in writing within 60 days after a change of name, residence address, principal business street address, or mailing address. [Section 626.551, Florida Statutes]. WHEREFORE, you, CHRISTINE LYNN CROWLEY, are hereby notified that the Chief Financial Officer 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 624.15, 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 and under the provisions of Rule 4-231, Florida Administrative Code. 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 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 Financial Services, 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: 10 (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. 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 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 11 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 Financial Services. gtk 4a| DATED and SIGNED this day of J w " , 2004. KAREN CHANDLER Deputy Chief Financial Officer 12 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and the following ELECTION OF PROCEEDING has been furnished to CHRISTINE LYNN CROWLEY, C/o Jed Berman, Esquire, Infantino and Begman, P. O. Drawer 30, Winter Park, Florida 32790-0030, by Certified Mail this _( h day of Au ¥ , 2004. Greg S. Marr Florida Department of Financial Services Division of Legal Services 200 East Gaines St. 612 Larson Building Tallahassee, Florida 32399-033 (850) 413-4180 Florida Bar Number 0131369 13

Docket for Case No: 04-002803PL