Petitioner: DEPARTMENT OF FINANCIAL SERVICES
Respondent: DAVID RUBIN
Judges: LARRY J. SARTIN
Agency: Department of Financial Services
Locations: West Palm Beach, Florida
Filed: Sep. 01, 2004
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, November 29, 2004.
Latest Update: Nov. 19, 2024
FILED
MAR 31 2004
DEPARTMENT OF FINANCIAL SERVICES bucketed me GP
TOM GALLAGHER
CHIEF FINANCIAL OFFICER
(4 moT4 Pe
IN THE MATTER OF: ;
CASE NO: 60381-03-AG
DAVID RUBIN
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ADMINISTRATIVE COMPLAINT OS
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TO: DAVID RUBIN i
5201 NW 2" Avenue, Apt 112 - 3
Boca Raton, FL 33487-3801 5
DAVID RUBIN
c/o Rubin & Associates
5201 NW 2" Avenue, Apt 112
Boca Raton, FL 33487-3801
You, DAVID RUBIN, license I-D. #A227704, are hereby notified that the Chief
Financial Officer, f/k/a 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 Statues, you, DAVID RUBIN, are currently
licensed in this state as a life,(2-16) agent, a life and health (2-18) agent and a health (2-40)
agent. Your agent license number is A270047.
2. _ Atail times pertinent to the dates and occurrences referred to herein, you, DAVID
RUBIN, were licensed in this state as an insurance agent.
3, Pursuant to Chapter 626, Florida Statutes, and the Florida Insurance Code, the
Florida Department of Financial Services, f/k/a the Florida Department of Insurance, has
jurisdiction over your insurance licenses and appointments.
4. During all times material to the allegations contained herein you, DAVID
RUBIN, were an insurance agent at Better Quotes Insurance Brokers, Inc. hereinafter referred to
as “Better Quotes Insurance.”
5. At all times pertinent to the allegations of this complaint, you, DAVID RUBIN,
were an officer of Better Quotes Insurance.
COUNT 1
6. The above general allegations are realleged and fully incorporated herein by
reference.
7. On or about March 10, 1999, you, DAVID RUBIN, solicited insurance from J. G.
of Pompano Beach, Florida.
8. J.G. provided you with the two checks payable to the Hospital and Leisure
Industry Network in the amount of $130.95 and $60.00 for the purchase of health insurance.
9. J.G. also signed an authorization form authorizing the Hospital and Leisure
Industry Network to automatically deduct $130.95 from her bank account for payment of her
health insurance premium.
10. Without her informed consent, you, DAVID RUBIN, also charged J.G. for a life
insurance policy that she did not want and did not need.
11. You, DAVID RUBIN, unlawfully arranged to have $68.09 automatically
withdrawn from J.G.’s bank account for the purchase of a life insurance policy that J.G. did not
want and did not ask for.
12. After J.G. realized that she was paying for a life insurance policy that she did not
want and did not ask for, she stopped the automatic withdrawals from her bank account of
premium payments for the life insurance policy and filed a complaint with the Florida
Department of Financial Services.
13. Thus, you, DAVID RUBIN, made misrepresentations and/or omissions to J.G.,
which caused her to purchase a life insurance policy that she did not want and did not ask for.
14. Thus, you, DAVID RUBIN, charged J.G. additional monies for a life insurance
policy without her informed consent.
IT IS THEREFORE CHARGED that you, DAVID RUBIN, have violated or are
accountable under the following provisions of the Florida Insurance Code and Rules of the
Department of Insurance, n/k/a the Department of Financial Services, which constitute grounds
for the suspension or revocation of your insurance licenses and appointments:
(a) 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];
(bo) = Willful misrepresentation of any insurance policy or annuity contract or willful
deception with regard to any such policy or contract, done wither in person or by any form of
dissemination of information or advertising. [Section 626.61 1(5), Florida Statutes];
(c) Demonstrated lack of fitness or trustworthiness to engage in the business of
insurance. [Section 626.61 1(7));
(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)];
(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];
(g) 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 permit. [Section 626.621(2),
Florida Statutes];
(h) 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 LX of this
chapter, or having otherwise shown himself to be a source of injury or loss to the public. [Section
626.621(6), Florida Statutes];
(i) No person shall engage in this state in any trade practice which is defined in this
part as, or determined pursuant to s. 626.951 ors. 626.9561 to be, an unfair method of
competition or an unfair or deceptive act or practice involving the business of insurance. [Section
626.9521, Florida Statutes];
q) Knowingly making any misleading representations or incomplete or fraudulent
comparisons or fraudulent material omissions of or with respect to any insurance policies or
insurers for the purpose of inducing, or tending to induce, any person to lapse, forfeit, surrender,
terminate, retain, pledge, assign, borrow on, or convert any insurance policy or to take outa
policy of insurance in another insurer. [Section 626.9541(1)(1), Florida Statutes];
COUNT II
15. | The above general allegations are hereby realleged and fully incorporated herein
by reference.
16. On or about December 8, 1998, you, DAVID RUBIN, solicited insurance from
E.S. of Pompano Beach, Florida.
17. E.S. provided you with a check in the amount of $190.95 payable to the Hospital
and Leisure Industry Network for the purchase of health insurance.
18. You, DAVID RUBIN, then requested E.S. to sign an application for a policy,
which you said was to cover administrative costs. As you requested, ESS. signed the application
for the additional policy. However, E.S. was unaware that she was actually purchasing a life
insurance policy that she did not want.
19. Without her informed consent, you, DAVID RUBIN, also charged E.S. for a life
insurance policy that she did not want and did not need.
20. ES. received a copy of the life insurance policy only after she requested it from
the insurance company, that is when she discovered that the policy you, DAVID RUBIN,
represented to her was for administrative costs was actually a life insurance policy.
21. Thus, you, DAVID RUBIN, made misrepresentations and/or omissions to E.S.,
which caused her to purchase a life insurance policy that she did not want and did not ask for.
IT IS THEREFORE CHARGED that you, DAVID RUBIN, have violated or are
accountable under the following provisions of the Florida Insurance Code and Rules of the
Department of Insurance, n/k/a the Department of Financial Services, which constitute grounds
for the suspension or revocation of your licenses and appointments as a general lines insurance
agent:
(a) If the license or appointment is willfully used, or to be used, to circumvent any of
the requirements or prohibitions of this code. [Section 626.61 1(4), Florida Statutes];
(b) Willful misrepresentation of any insurance policy or annuity contract or willful
deception with regard to any such policy or contract, done wither in person or by any form of
dissemination of information or advertising. [Section 626.61 1(5), Florida Statutes];
(c) Demonstrated lack of fitness or trustworthiness to engage in the business of
insurance. [Section 626.61 1(7));
(d) 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];
(e) Fraudulent or dishonest practices in the conduct of business under the license or
appointment. [Section 626.61 1(9), 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)];
(g) 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];
(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 permit. [Section 626.621(2),
Florida Statutes];
¢)) 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 LX of this
chapter, or having otherwise shown himself to be a source of injury or loss to the public. [Section
626.621(6), Florida Statutes];
(k) No person shall engage in this state in any trade practice which is defined in this
part as, or determined pursuant to s. 626.951 or s. 626.9561 to be, an unfair method of
competition or an unfair or deceptive act or practice involving the business of insurance. {Section
626.9521, Florida Statutes];
(k) Knowingly making any misleading representations or incomplete or fraudulent
comparisons or fraudulent material omissions of or with respect to any insurance policies or
insurers for the purpose of inducing, or tending to induce, any person to lapse, forfeit, surrender,
terminate, retain, pledge, assign, borrow on, or convert any insurance policy or to take outa
policy of insurance in another insurer. [Section 626.9541(1)(]), Florida Statutes];
COUNT Il
22. The above general allegations are realleged and fully incorporated herein by
reference.
23. Onor about February 17, 1999, A.V. of Margate, Florida decided to purchase a
health insurance policy. A.V. contacted you, DAVID RUBIN, for the purchase of said health
insurance and after consulting with you, A.V. decided to purchase a HMO policy through T otal
Health Care.
24. You, DAVID RUBIN, then advised A.V. that he could not purchase health
insurance without also purchasing a life insurance policy. Thus, you, DAVID RUBIN, advised
A.V. to provide you with two ‘checks, one payable to the Hospital and Leisure Industry Network
in the amount of $130.95 for the purchase of health insurance and the other check payable to
National States Insurance Company $64.03 for the purchase of life insurance.
25, Thus, you, DAVID RUBIN, made misrepresentations and/or omissions to A.V.,
which caused him to purchase a life insurance policy that he did not want and did not ask for.
Ir IS THEREFORE CHARGED that you, DAVID RUBIN, have violated or are
accountable under the following provisions of the Florida Insurance Code and Rules of the
Department of Insurance, n/k/a the Department of Financial Services, which constitute grounds |
for the suspension or revocation of your licenses and appointments as a general lines insurance
agent:
(a) 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];
(b) Willful misrepresentation of any insurance policy or annuity contract or willful
deception with regard to any such policy or contract, done wither in person or by any form of
dissemination of information or advertising. [Section 626.611(5), Florida Statutes];
(c) Demonstrated lack of fitness or trustworthiness to engage in the business of
insurance. (Section 626.61 1(7));
@ 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];
(e) Fraudulent or dishonest practices in the conduct of business under the license or
appointment. [Section 626.611(9), Florida Statutes];
(f) 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];
(g) 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 permit. [Section 626.621(2),
Florida Statutes};
(h) 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 IX of this
chapter, or having otherwise shown himself to be a source of injury or loss to the public. [Section
626.621(6), Florida Statutes);
(i) No person shall engage in this state in any trade practice which is defined in this
part as, or determined pursuant to s. 626.951 or s. 626.9561 to be, an unfair method of —
competition or an unfair or deceptive act or practice involving the business of insurance. [Section
626.9521, Florida Statutes];
qd) False statements and entries.-
1. Knowingly:
a. Filing with any supervisory or other public official,
b. Making, publishing, disseminating, circulating,
c. Delivering to any person,
d. Placing before the public,
e. Causing, directly or indirectly, to be made, published, disseminated,
circulated, delivered to any person, or placed before the public, any
false material statement. [Section 626.9541(1)(e)1, Florida Statutes);
(k) | Knowingly making any misleading representations or incomplete or fraudulent
comparisons or fraudulent material omissions of or with respect to any insurance policies or
insurers for the purpose of inducing, or tending to induce, any person to lapse, forfeit, surrender,
terminate, retain, pledge, assign, borrow on, or convert any insurance policy or to take out a
policy of insurance in another insurer. [Section 626.9541(1)(), Florida Statutes];
WHEREFORE, you, DAVID RUBIN, are hereby notified that the Chief Financial
Officer, f/k/a the Treasurer and Insurance Commissioner, intends to enter an Order suspending or
revoking your licenses and appointments as a general lines insurance agent or to impose such
penalties as may provided under the provisions of Sections 626.611, 626.621, 626.681, and
626.691, Florida Statutes, under the other referenced sections of the Florida Statutes as set out in
this Administrative Complaint, and under the provisions of Rule Chapter 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
10
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;
(bv) Astatement 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.
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 ©
the grounds upon which the Department has relied. While a hearing is normally not required in
11
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
shal) 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 Financial Services.
DATED this Ad day of March , 2004.
IN CHANDLER
Deputy Chief Financial Officer
12
CERTIFICATE OF SERVICE
LHEREBY CERTIFY that a copy of the foregoing Administrative Complaint has been
furnished to:
DAVID RUBIN
5201 NW 2™ Avenue, Apt 112
Boca Raton, FL 33487-3801
DAVID RUBIN
c/o Rubin & Associates
5201 NW 2™ Avenue, Apt 112
Boca Raton, FL 33487-3801
by Certified Mail/Restricted Delivery this Sat day of rach , 2004.
Mechele R. McBride, Esquire
Fla. Bar. No. 0079197
Division of Legal Services
612 Larson Building
200 East Gaines Street
Tallahassee, Florida 32399-0333
(850) 413-4114
13
Docket for Case No: 04-003074PL
Issue Date |
Proceedings |
Nov. 30, 2004 |
Letter from M. McBride to Judge Van Laningham (filed via facsimile).
|
Nov. 29, 2004 |
Order Closing File. CASE CLOSED.
|
Nov. 22, 2004 |
Expedited Motion to Continue (filed by Petitioner via facsimile).
|
Oct. 28, 2004 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for November 29, 2004; 9:30 a.m.; West Palm Beach, FL).
|
Oct. 26, 2004 |
Motion to Continue (filed by Petitioner via facsimile).
|
Sep. 14, 2004 |
Order of Pre-hearing Instructions.
|
Sep. 14, 2004 |
Notice of Hearing (hearing set for November 3, 2004; 9:30 a.m.; West Palm Beach, FL).
|
Sep. 01, 2004 |
Initial Order.
|
Sep. 01, 2004 |
Election of Proceeding filed.
|
Sep. 01, 2004 |
Administrative Complaint filed.
|
Sep. 01, 2004 |
Agency referral filed.
|