FLORIDA _ DEPARTMENT OF FINANCIAL SERVICES dn naNGa OFFCER f { LE D STATE OF FLORIDA JUN 15 2006 we Ck CASE NO.: 81500-05-AG ““ WILSON ALONSO UVO Beckated By C/A/ > / IN THE MATTER OF: ADMINISTRATIVE COMPLAINT = /* Jay FL TO: WILSON ALONSO UVO 4931 Northwest 85" Avenue Lauderhill, FL 33351-5506 WILSON ALONSO UVO Uvo’s Insurance, Inc. 7101 West Commercial Boulevard Suite 4C Fort Laurderdale, FL 33312 You, WILSON ALONSO UVO, license I.D. #D005609, are hereby notified that the Chief Financial Officer of the State of Florida (“Department”) 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, WILSON ALONSO UVO, are currently licensed in this state as a Life Including Variable Annuity and Health Insurance Agent (2-15); Life Only Insurance Agent (2-16); Life and Health Insurance Agent (2-18); General Lines (Property & Casualty Insurance) Agent; and Health Only Insurance Agent (2-40). 2. Atall times pertinent to the dates and occurrences referred to herein, you, WILSON ALONSO UVO, were so licensed in this state. 3. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial Services (hereinafter “Department”) has jurisdiction over your insurance licenses and appointments. 4. Atall times relevant to the dates and occurrences referred to herein, you, WILSON ALONSO UVO, were doing business as Uvo’s Insurance, Inc (or “Uvo’s Insurance”), located at 7101 West Commercial Boulevard, Suite 4C, Fort Lauderdale, FL 33313. 5. Florida Department of State records list you as the President and Registered Agent of Uvo’s Insurance. 6. Records filed with the Department show you both as the owner and primary agent of Uvo’s Insurance. 7. As president of the incorporated agency, you, WILSON ALONSO UVO, remained personally and fully liable and accountable for any wrongful acts, misconduct, or violations of any provisions of the Florida Insurance Code committed by yourself or by any person under your direct supervision and control while acting on behalf of the corporation. [Section 626.734, Florida Staututes.] 8. As primary agent for Uvo’s Insurance you, WILSON ALONSO LVO, are responsible for the hiring and supervision of all individuals within that insurance agency location whether such individuals deal with the public in the solicitation or negotiation of insurance contracts or in the collection or accounting of moneys from the general public. [Section 626.592, Florida Statutes. ] 9. BankAtlantic records show you, WILSON ALONSO UVO, as authorized signor on two checking accounts under Uvo’s Insurance’s name, said accounts being numbered 0055532947 and 1100632924. 10. At all times relevant to the dates and occurrences referred to herein, all funds received by you, WILSON ALONSO UVO, 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. 11. You, WILSON ALONSO UVO, were placed on one year’s probation and ordered to pay an administrative fine by reason of a Consent Order filed by the Department on October 9, 2003 In The Matter Of: Wilson A. Uvo, Case No. 69976-03-AG. Be advised that the Department intends to rely on that order to aggravate the total penalty so as to arrive at a final penalty in this matter. [Florida Administrative Code Rule 69B-23 1.040] COUNT I 12. The above general allegations are hereby realleged and fully incorporated herein by reference. 13. On or about May 7, 2004, J. H. M. met with you, WILSON ALONSO UVO, at Uvo’s Insurance. 14. At that time and place you, WILSON ALONSO UVO, provided J. H. M. witha single quote, that being for GMAC Select Insurance (“GMAC”). 15. J. H. M. selected a payment plan that included a down payment of $284.00 and four payments, the first being for $138.74. 16. J. H. M. gave you, WILSON ALONSO UVO, a check for $80.00 on May 7, 2004, with a balance due of $204.00. You advised J. H. M. that he could pay the balance of the down payment “sometime before June is over.” 17. On that same day you, WILSON ALONSO UVO, provided J. H. M. with a Florida Automobile Insurance ID Card depicting GMAC policy number 405072387 for a 1992 Toyota Camry, VIN 4T1VK13E1NU034599, coverage to include personal injury protection and property damage liability. 18. On June 29, 2004, Mr. Miller provided you, WILSON ALONSO UVO, an additional cash payment of $205.00, after advising you that he had been in an automobile accident the day before. You accepted that payment as the balance due on the down payment. 19. The accident occurred on June 28, 2004, February 21, 2001 and resulted in bodily injuries to Mr. Miller and to guest passengers in his vehicle. 20. Thereafter when Mr. Miller attempted to contact you, WILSON ALONSO UVO, you initially refused to return his telephone calls and later willfully and fraudulently misrepresented Mr. Miller’s insurance coverage, claiming that you had forgotten to send the money to. GMAC, that “the policy was good” and that you would “make it right.” 21. The policy number that you, WILSON ALONSO UVO, provided Mr. Miller is not a GMAC policy number. GMAC has no records of having done business with Uvo Insurance. You did not have authority to write insurance with GMAC. 22. Later in 2004, Uvo’s Insurance sent Mr. Miller a new insurance ID card and policy with ARA Casualty Insurance company (“ARA”). Mr. Miller denies ever having signed any form or document for ARA insurance coverage and if any forms or documents exist showing his signatures and either expressly or by implication suggesting Mr. Miller’s authorization for such coverage, the signatures would have to be forgeries. IT IS THEREFORE CHARGED that you, WILSON ALONSO UVO, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the Department of Financial Services 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) 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) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; (d) 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.]; (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) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), 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 appointment. [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 X of Chapter 626, Florida Statutes, 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]; (i) Any agent, customer representative, or adjuster who, not being lawfully entitled thereto, either temporarily or permanently diverts or misappropriates such funds or any portion thereof or deprives the other person of a benefit therefrom commits the offense specified as specified in the statutory provisions following [Section 626.561 (3), Florida Statutes]; (j) The primary agent in an unincorporated agency, or the primary agent in an incorporated agency in which no officer, director, or stockholder is an agent, shall be responsible and accountable for the acts of salaried employees under his or her direct supervision and control, while acting on behalf of the agency. Nothing in this section shall be construed to render any person criminally liable or subject to any disciplinary proceedings for any act unless such person personally committed or knew or should have known of such act and of the facts constituting a violation of this chapter. [626.592 (5), Florida Statutes]. COUNT II 23. The above general allegations are realleged and incorporated herein by reference. 24. On or about February 10, 2004, D.L.R. purchased automobile insurance from Uvo’s Insurance, making a down payment of $240.00 by personal check. 25. On March 11, D.L.R. was involved in an automobile accident during which he sustained very serious and costly personal injuries. 26. Thereafter D.L.R. learned that his policy with Southern Group Indemnity, Inc. (“Southern”) had been made effective March 12, 2004, the day after the accident. 27. Any insurance application documents submitted by Uvo Insurance to Southern showing an application date other than February 10, 2004, and containing D.L.R.’s signature, would have to be a willful misrepresentation of the true application date by you, WILSON ALONSO UVO, or those acting at your behest. IT IS THEREFORE CHARGED that you, WILSON ALONSO UVO, have violated or are accountable under the provisions of the Florida Insurance Code and Rules of the Department of Financial Services which constitute grounds for the suspension or revocation of your license and appointments as fully described under Count I, paragraphs (a) through (j) as set forth above. WHEREFORE, you, WILSON ALONSO UVO, 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 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 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. 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. 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 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 and SIGNED this | 5 day of Jun 2, 2005. KAREN CHANDLER Deputy Chief Financial Officer 10 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF PROCEEDING has been furnished to: WILSON ALONSO UVO,4931 Northwest 35" Avenue, Lauderhill, FL 33351-5506; WILSON ALONSO UVO, Uvo’s Insurance, Inc.,7101 West Commercial Boulevard, Suite 4C, Fort Laurderdale, FL 33312; and to Jed Berman, Esquire, P. O. Drawer 30, Winter Park, FL 32790-0030 by Certified Mail +h this 19° day or Sune , 2005, David J. Busch Florida Bar Number 0140945 Division of Legal Services 612 Larson Building 200 East Gaines Street Tallahassee, Florida 32399-033 Telephone: 850/413-4146 11

Docket for Case No: 05-002312PL