FLORIDA DEPARTMENT OF FINANCIAL SERVICES TOM GALLAGHER F i ie E | CHIEF FINANCIAL OFFICER STATE OF FLORIDA. JUL 25 906 Buoksied by- EW IN THE MATTER OF: ne LOUIS PIERRE OBILE / ADMINISTRATIVE COMPLAINT TO: LOUIS PIERRE OBILE 1030 NW 70th Way a) lo . BATS OV L Plantation, FL 33313 LOUIS PIERRE OBILE a FED USA INSURANCE He 8011 Kimberly Blvd. North Lauderdale, FL 33068 | You, LOUIS PIERRE OBILE, license LD. #A194323, 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, as a result of which it is alleged: GENERAL ALLEGATIONS L. Pursuant to Chapter 626, Florida Statutes, you, LOUIS PIERRE OBILE, are currently licensed in this state as a Life Including Variable Annuity Agent (2-14), a Life Including Variable Annuity & Health Agent (2-15), a Life Agent (2-16), a Life & Health Agent (2-18), a Variable Annuity Agent (2-19), a General Lines (Property & Casualty) Agent (2-20), and a Health Agent (2-40), 2. Atall times pertinent to the dates and occurrences referred to herein, you, LOUIS PIERRE OBILE, were licensed in this state as an insurance agent. 3. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial Services has jurisdiction over your insurance licenses and appointments, 4, Atall times material herein, you, LOUIS PIERRE OBILE, owned and operated an insurance agency known as FED USA IN: SURANCE, hereafter “the Obile agency.” 5. You, LOUIS PIERRE OBILE, failed to designate a Primary Agent for the Obile agency located at 8011 Kimberly Boulevard, North Lauderdale, Florida 33068, as required by section 626.592, Florida Statutes. 6. You, LOUIS PIERRE OBILE, routinely faxed insurance applications to insurance agent Janice Jordan-Johnson for consumers to sign. Agent Jordan-Johnson was not appointed with one or more companies with which you were appointed and so, even though you had never even met the consumers, you facilitated these insurance transactions and routinely split the resulting commissions with agent Jordan-Johnson. 7. You, LOUIS PIERRE OBILE, routinely received insurance applications from insurance agent Andrew McCall d/b/a Cypress Insurance. Andrew McCall’s insuance license had been previously tevoked by this Department and he was not authorized to act an insurance agent in Florida for the times specified below. COUNT I 8. The above general allegations are hereby realleged and fully incorporated herein by reference. 9. On December 16, 2003, L.G. stopped at Jorson Insurance Agency and obtained a quote in the amount of $1,467 annual premium for 100,000/300,000 automobile casualty limits and $50,000 of property damage for her SUV vehicle. 10. Janice Jordan-Johnson told L.G. that the down payment on the requested policy would be $525 -00 and the license tags would be an additional $245.00, requiring an initial payment totalling $770.00, which amount was charged to his credit card. L.G. signed a premium finance agreement requiring that he thereafter pay monthly sums of $116.73. 11, On January 15, 2004, L.G. received a coupon book from Federated Premium Finance Company, but no insurane policy. L.G. noted that the monthly payment amount shown on the coupons was only $89.16. Eventually L.G. contacted Federated Premium Finance Company and discovered that his policy limits were lower than he had been quoted and that his agent was not Janice Jordan-Jonson and the Jorson Agency, but was in fact you, LOUIS PIERRE OBILE. 12. On January 21, 2004, you, LOUIS PIERRE OBILE, submitted an application for automobile insurance on behalf of L.G. of Plantation, Florida, to American Vehicle Insurance Company (“American”) without either his knowledge or consent. Signatures on the insurance policy application and premium finance agreement purported to be those of L.G., but were not his. 13, This occurred because unbeknowst to him, L.G.’s insurance policy application information taken by agent Janice Jordan-Johnson, was forwarded to you for submission to American, agent Janice Jordan-Johnson not being an appointed agent for American. 14, You, LOUIS PIERRE OBILE, knowingly aided and abetted Janice Jordan-Johnson an unappointed agent in violating the insurance code by submitting this application for insurance on behalf of an unappointed agent. 15. You, LOUIS PIERRE OBILE, never met the prospective insured to verify application information, never provided him with necessary documentation, and never obtained proper signatures, The application you submitted was signed by someone other than the insured. 16. The policy innacurately listed you, LOUIS PIERRE OBILE, as the principal agent because you falied to comply with the procedural requirements for Brokering Agents listed in Section 626.752, Florida Statutes. 17, Out of the L.G.’s $770.00 initial down payment you, LOUIS PIERRE OBILE, applied only $405.00 as a down payment towards the insurance premium. 18. L.G. believed the signed paperwork which stated he did have automobile insurance coverage between December 16, 2003, and J: anuary 21, 2004. However, L.G. did not have any automoblie insurance coverage during that period. 19. On January 15, 2004, L.G. received documents related to the policy which reflected a lower premium than the $1,467.00 he was charged; the actual policy showed the premium was $1,021.00. The policy also reflected a lower down payment than the $405.00 down payment made by L.G,; the actual policy reflected a down payment of $306.00. There is a $99.00 difference in unacounted funds based on the down payment made by L.G. and the down payment as relected in the actual policy. 20, The American policy also provided less insurance coverage than the limits L.G. applied for. The policy issued L.G. had only 10,000/20,000 bodily injury coverage and 10,000 . property damage coverage, Based on the difference in the premium actually charged L.G. and the premium amount reflected in the policy, you, LOUIS PIERRE OBILE, received an excess in unearned commissions of $43.22. IT IS THEREFORE CHARGED that you, LOUIS PIERRE OBILE, 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 licenses and appointments: (a) Demonsirated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; (b) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), Florida Statutes]; (c) Misappropriation, conversion, or unlawful withholding of moneys belonging to insurers or insured’s or beneficiaries or to others and received in conduct of business under the license or appointment. [Section 626.611(10), Florida Statutes]; (d) 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 626.61 113), Florida Statutes]; (e) In the conduct of business under the license of appointment, engaging 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 to the public. [Section 626.621(6), Florida Statutes]; (f) Knowingly aiding, assisting, procuring, advising, or abetting any person in the violation of or to violate a provision of the insurance code or any order or rule of the department, commission, or office. [Section 626.621(12), Florida Statutes]; (g) Subject to the provisions of subsection (3), an agent may place with an insurer for which he or she is not an appointed agent only such business for which he or she is appointed and which the insurer by which he or she is appointed is authorized to write. [Section 626.752(2), Florida Statutes]; (h) Knowingly making a false or fraudulent written or oral statement or representation on, or relative to, an application or negotiation for an insurance policy for the purpose of obtaining a fee, commission, money, or other benefit from any insurer, agent, broker, or individual. (Section 626.9541(1)(k)(1), Florida Statutes]; (i) | Knowingly collected as a premium or a charge for insurance any sum in excess of or less than the premium or charge applicable to such insurance, in accordance with the applicable classifications and rates as filed with and approved by the office, and as specified in the policy; or, in cases when classifications are not required by this code to be so filed and approved, premiums and charges collected from a Florida resident in excess of or Jess than those specified by the policy and as fixed by the insurer. [Section 626. 9541(1)(0)(2), Florida Statutes]. | . COUNT I © 21, The above general allegations are hereby realleged and fully incorporated herein by reference. 22, On May 25, 2004, you, LOUIS PIERRE OBILE, submitted an application for automobile insurance on behalf of W.G. of Pompano Beach, Florida, to Federated National Insurance Company. W.G. sought insurance coverage through Andrew MeCall, an insurance agent whose license had been revoked by this Department on May 13, 2003. 23. Revoked agent Andrew McCall referred W.G. to you in order to place W.G,’s insurance risk with Federated National Insurance Company. You, LOUIS PIERRE OBILE, knowingly aided and abetted revoked agent Andrew McCall in violating the insurance code by placing this insurance coverage and unlawfully sharing the commissions with revoked agent Andrew McCall. : IT IS THEREFORE CHARGED that you, LOUIS PIERRE OBILE, 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 licenses and appointments: (a) No insurance agent, insurance agency, or other person licensed under the Insurance Code may pay any fee or other consideration to an unlicensed person other than an insurance agency for the referral of prospective purchasers to an insurance agent which is in any way dependent upon whether the referral results in the purchase of an insurance product. [Section 626.112(8), Florida Statutes]; (b) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; (c) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), Florida Statutes]; (d) Unlawfully rebating, attempting to unlawfully rebate, or unlawfully dividing or offering to divide his or her commission with another. [Section 626.611(11), Florida Statutes]; (ce) 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 626.61 1(13), Florida Statutes]; () — Inthe conduct of business under the license of appointment, engaging 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 to the public. [Section 626.621(6), Florida Statutes]; (g) Knowingly aiding, assisting, procuring, advising, or abetting any person in the violation of or to violate a provision of the insurance code or any order or rule of the department, commission, or office. [Section 626.621(12), Florida Statutes]; (h) An agent may divide or share in commissions only with other agents appointed and licensed to write the same kind or kinds of insurance. [Section 626.753(1)(a), Florida Statutes]; . (i) | Knowingly making a false or fraudulent written or oral statement or representation on, or relative to, an application or negotiation for an insurance policy for the purpose of obtaining a fee, commission, money, or other benefit from any insurer, agent, broker, or individual. [Section 626.9541(1)00(1), Florida Statutes]. COUNT III 24, The above general allegations are hereby realleged and fully incorporated herein by reference. 25. On June 14, 2004, you, LOUIS PIERRE OBILE, submitted an application for automobile insurance on behalf of V.W., of Pompano Beach, Florida, to Federated National Insurance Company. V.W. applied for the insurance through revoked agent, Andrew McCall, who then refered the client to you in order to place V.W. with Federated National Insurance Company. 26. On the date the application was submitted, Andrew McCall was no longer licensed as an insurance agent in the State of Florida, as his license was revoked on May 13, 2003. 27, You, LOUIS PIERRE OBILE, knowingly aided and abetted a revoked agent by placing the insurance coverage and unlawfully sharing the commissions with the revoked agent. IT IS THEREFORE CHARGED that you, LOUIS PIERRE OBILE, 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 licenses and appointments: (a) No insurance agent, insurance agency, or other person licensed under the Insurance Code may pay any fee or other consideration to an unlicensed person other than an insurance agency for the referral of prospective purchasers to an insurance agent which is in any way dependent upon whether the referral results in the purchase of an insurance product. [Section 626.112(8), Florida Statutes); (b) Demonstrated lack of fitness or trustworthiness to engage in the business of , insurance. [Section 626.611(7), Florida Statutes]; (c) Fraudulent or dishonest practices in the conduct of business under the license or appointment, [Section 626.611(9), Florida Statutes]; (d) Unlawfully rebating, attempting to unlawfully rebate, or unlawfully dividing or offering to divide his or her commission with another. [Section 626.611(11), Florida Statutes]; (e) 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}; (f) In the conduct of business under the license of appointment, engaging unfair methods of competition or in unfair or deceptive acts or practices, as prohibited under Part [X of this chapter, or having otherwise shown himself or herself to be a source of injury to the public. [Section 626.621(6), Florida Statutes]; (g) Knowingly aiding, assisting, procuring, advising, or abetting any person in the violation of or to violate a provision of the insurance code or any order or rule of the department, commission, or office. [Section 626.621(12), Florida Statutes]; ‘(h) = Anagent may divide or share in commissions only with other agents appointed and licensed to write the same kind or kinds of insurance. [Section 626.753(1)(a), Florida Statutes]; (i) Knowingly making a false or fraudulent written or oral statement or representation on, or relative to, an application or negotiation for an insurance policy for the purpose of obtaining a fee, commission, money, or other benefit from any insurer, agent, broker, or individual. [Section 626.9541(1)(«)(1), Florida Statutes]. COUNT IV 28. The above general allegations are hereby realleged and fully incorporated herein by reference. | 29, On or about May 20, 2004, you, LOUIS PIERRE OBILE, registered FED USA Insurance under a fictitious name. According to Department records, you, LOUIS PIERRE OBILE, failed to file a Primary Agent form for FED USA Insurance. IT IS THEREFORE CHARGED that you, LOUIS PIERRE OBILE, have violated or are accountable under the following provision of the Florida Insurance Code which constitutes grounds for the suspension or revocation of your licenses and appointments: (a) Each person operating an insurance agency and each location of a multiple location agency shall designate a primary agent for each insurance agency location and shall file the name of the person so designated, and the address of the insurance agency location 10 where he or she is primary agent, with the department, on a form approved by the department. [Section 626.592(1), Florida Statutes]; (b) An insurance agency location may not conduct the business of insurance unless a primary agent is designated at all times. [Section 626.592(7), Florida Statutes]. COUNT V 30. The above general allegations are hereby realleged and fully incorporated herein by reference. 31. On or about May 20, 2004, you, LOUIS PIERRE OBILE, registered FED USA Insurance under a fictitious name. According to Department records, you, LOUIS PIERRE OBILE, failed to file a business address for FED USA Insurance, located at 8011 Kimberly Boulevard North Lauderdale, Florida 33068. On November 16, 2004 you, LOUIS PIERRE OBILE, were advised of the requirement that business addresses must be reported to the Department. . IT IS THEREFORE CHARGED that you, LOUIS PIERRE OBILE, 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 licenses and appointments: (a) Any licensed agent or adjuster doing business under a firm or corporate name or under any business name other than his or her own individual name shall, within 30 days after the initial transaction of insurance under such business name, file with the department, on forms adopted and furnished by the department, a written statement of the firm, corporate, or business name being so used, the address of any office or offices or places of business making use of such name, and the name and social security number of each officer and director of the il corporation and of each individual associated in such firm or corporation as to the insurance transactions thereof or in the use of such business name. [Section 626.541(1), Florida Statutes]. WHEREFORE, you, LOUIS PIERRE OBILE, 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, 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. . 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 13 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. Al! 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. Jul fh DATED and SIGNED this 20 day of , 2006. 'N CHANDLER Deputy Chief Financial Officer 14 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: LOUIS PIERRE OBILE, 1030 NW 70th Way, Plantation, FL 33313; LOUIS PIERRE OBILE, FED USA Hh Insurance, 8011 Kimberly Blvd., North Lauderdale, FL 33068 by Certified Mail this 25 day of oul 4 2006, 15 DB David J. Busch Florida Bar Number 140945 Division of Legal Services 612 Larson Building 200 East Gaines Street Tallahassee, Florida 32399 (850) 413-4146

Docket for Case No: 06-003352PL