Petitioner: DEPARTMENT OF FINANCIAL SERVICES
Respondent: RUPA H. MEHTA
Judges: ELEANOR M. HUNTER
Agency: Department of Financial Services
Locations: Tampa, Florida
Filed: Dec. 09, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, April 5, 2011.
Latest Update: Dec. 23, 2024
—f FILED
SEP 38 2009
REPRESENTING
ALEX SINK
Docketed by_s S
CHIEF FINANCIAL OFFICER
STATE OF FLORIDA
(4-6 Tbe PL
IN THE MATTER OF:
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ADMINISTRATIVE COMPLAINT
RUPA H. MEHTA ‘
5423 Twin Creeks Drive
Valrico, FL 33954
You, RUPA H. MEHTA, license LD. # E057742, 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
1,
Pursuant to Chapter 626, Florida Statutes, you, RUPA H. MEHTA, are currently
licensed in this state as a life, health and variable annuity agent.
2,
At all times pertinent to the dates and occurrences referred to herein, you, RUPA
H. MEHTA, were licensed in this state as a life, health and variable annuity agent.
3,
Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial
Services (“Department”) has jurisdiction over your insurance licenses and appointments.
COUNT I
4. The above general allegations are hereby realleged and fully incorporated herein
by reference.
5, On or around March 5, 2007, you, RUPA H. MEHTA, met with B.U. of Land
O’Lakes, Florida.
6. On or around March 5, 2007, you, RUPA H. MEHTA, sold B.U. a life insurance
policy (“Policy”) with New York Life Insurance Company (“New York Life”),
7. You, RUPA H. MEHTA, had B.U. sign a blank application.
8. B.U. wanted her son, Suhail Zaidi, listed as the sole beneficiary on the Policy.
9. B.U, told you, RUPA H. MEHTA, that she wanted her son, Suhail Zaidi, listed as
the sole beneficiary on the Policy,
10. You RUPA H. MEHTA, knew that B.U. wanted her son, Suhail Zaidi, listed as
the sole beneficiary on the Policy.
11, __B.U.’s application did not list Suhail Zaidi as the sole beneficiary.
12, B.U.’s application listed Dipika Akruwala as the sole beneficiary.
13. Dipika Akruwala was listed on B.U.’s application as B.U.’s cousin.
14. B.U. did not know that her application listed Dipika Akruwala as the sole
beneficiary.
15. B.U. did not know that Dipika Akruwala was listed on her application as her
cousin.
16. Dipika Akruwala is not B.U.’s cousin.
17. You, RUPA H. MEHTA, are friends with Dipika Akruwala.
18. You, RUPA H. MEHTA, knew that B.U.’s application listed Dipika Akruwala as
the sole beneficiary.
19, You, RUPA H. MEHTA, listed Dipika Akruwala, or allowed Dipika Akruwala to
be listed, as the sole beneficiary on the application.
20, You, RUPA H, MEHTA, did not have B.U.’s authority or approval to list, or have —
listed, Dipika Akruwala as the sole beneficiary on B.U.’s application.
21. | When the Policy was issued, Dipika Akruwala was listed as the sole beneficiary
on the Policy.
22. You, RUPA H. MEHTA, earned an $11,605.00 commission on the sale of the
Policy.
IT IS THEREFORE CHARGED that you, RUPA H. MEHTA, have violated or are
accountable under one or more of the following provisions of the Florida Statutes or Florida
Administrative Code, which constitute grounds for the suspension or revocation of your licenses
as a Florida insurance agent:
(a) Demonstrated lack of fitness or trustworthiness to engage in the business of
insurance. [Section 626.611(7), Florida Statutes];
(b) 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];
(c) Violation of any lawful order or rule of the department. [Section 626.621(3),
Florida Statutes);
(d) 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 loss to the public.
[Section 626.621(6), Florida Statutes);
(e) If a life agent, violation of the code of ethics. [Section 626,621(9), Florida
Statutes];
| (f) The Business of Life Insurance is hereby declared to be a public trust in which
service all agents of all companies have a common obligation to work together in serving the
best interests of the insuring public, by understanding and observing the laws governing Life
Insurance in letter and in spirit by presenting accurately and completely every fact essential to a
client’s decision, and by being fair in all relations with colleagues and competitors always
placing the policyholder’s interests first. [Rule 69B-215,210, Florida Administrative Code];
(g) No person shall make, issue, circulate, or cause to be made, issued, or circulated,
any estimate, circular, or statement misrepresenting the terms of any policy issued or to be issued
or the benefits or advantages promised thereby or the dividends or share of the surplus to be
received thereon, or make any false or misleading statement as to the dividends or share of
surplus previously paid on similar policies, or make any misleading representation or any
misrepresentation as to the financial condition of any insurer, or as to the legal reserve system
upon which any life insurer operates, or use any name or title of any policy or class of policies
misrepresenting the true nature thereof. [Rule 69B-215.230(1), Florida Administrative Code];
and
(h) —‘ Misrepresentations in insurance applications.-- 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].
COUNT II
23. The above. general allegations and paragraphs 4 through 22 are hereby realleged
and fully incorporated herein by reference.
24, On or around September 4, 2007, B.U. cancelled the Policy that she bought from
you, RUPA H. MEHTA.
25, On or around September 4, 2007, B.U. ceased paying on the Policy that she
bought from you, RUPA H. MEHTA.
26. On or around September 14, 2007, a Check-O-Matic Request Form (“Request
Form”) was submitted to New York Life, requesting that payment continue on B.U.’s Policy.
27. The Request Form rescinded the cancellation of B.U.’s Policy.
28. The Request Form requested that payments for B.U.’s Policy be paid from a bank
account at Bank of America.
29. At the time, B.U. did not have a bank account with Bank of America.
30. The bank account listed on the Request Form belonged to you, RUPA H,
MEHTA.
31. You, RUPA H. MEHTA, signed B.U.’s name to the Request Form or allowed
B.U.’s name to be signed to the Request Form.
32, You, RUPA H, MEHTA, did not have B.U.’s authority or approval to sign her
name, or allow B.U.’s name to be signed, to the Request Form.
33, ‘BU. did not know that you, RUPA H. MEHTA, signed her name to the Request
Form or allowed her name to be signed to the Request Form.
34. You, RUPA H. MEHTA, filed the Request Form, or allowed the Request Form to
be filed, with New York Life.
35. You, RUPA H. MEHTA, did not have B.U.’s authority or approval to file the
_ Request Form, or allow the Request Form to be filed, with New York Life.
36. B.U. did not know that you, RUPA H. MEHTA, filed the Request Form, or
allowed the Request Form to be filed, with New York Life,
37. Even though the life insurance policy was cancelled, you, RUPA H. MEHTA,
earned $11,605.00 on the sale of the life insurance policy to B.U.
IT IS THEREFORE CHARGED that you, RUPA H. MEHTA, have violated or are
accountable under one or more of the following provisions of the Florida Statutes or Florida
Administrative Code, which constitute grounds for the suspension or revocation of your licenses
as a Florida insurance agent:
‘(b) Demonstrated lack of fitness or trustworthiness to engage in the business of
insurance. [Section 626.611(7), Florida Statutes]; )
(b) 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];
(c) Violation of any lawful order or rule of the department. [Section 626.621(3),
Florida Statutes];
(d) 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 Joss to the public.
[Section 626.621(6), Florida Statutes];
{e) If a life agent, violation of the code of ethics. [Section 626.621(9), Florida
Statutes];
(f) The Business of Life Insurance is hereby declared to be a public trust in which
service all agents of all companies have a common obligation to work together in serving the
best interests of the insuring public, by understanding and observing the laws governing Life
Insurance in letter and in spirit by presenting accurately and completely every fact essential to a
client’s decision, and by being fair in all relations with colleagues and competitors always
placing the policyholder’s interests first. [Rule 69B-215.210, Florida Administrative Code];
(g) No person shall make, issue, circulate, or cause to be made, issued, or circulated,
any estimate, circular, or statement misrepresenting the terms of any policy issued or to be issued
or the benefits or advantages promised thereby or the dividends or share of the surplus to be
received thereon, or make any false or misleading statement as to the dividends or share of
surplus previously paid on similar policies, or make any misleading representation or any
misrepresentation as to the financial condition of any insurer, or as to the legal reserve system
upon which any life insurer operates, or use any name or title of any policy or class of policies
misrepresenting the true nature thereof. [Rule 69B-215.230(1), Florida Administrative Code];
(h) Misrepresentations in insurance applications.-- 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]; and
(i) Fraudulent signatures on an application or policy-related document.-- Willfully
submitting to an insurer on behalf of a consumer an insurance application or policy-related
document bearing a false or fraudulent signature. [Section 626.9541( 1)(ee), Florida Statutes].
WHEREFORE, you, RUPA H. MEHTA, 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 28-106, 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 Tracey Beal, DFS Agency Clerk, at
the Florida Department of Financial Services, 612 Larson Building, 200 East Gaines Street,
Tallahassee, Florida 32399-0390. 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
SUSPENSION OR REVOCATION WILL BE ENTERED
AGAINST YOU,
If you request a proceeding, you must provide information that complies with the
requirements of Rule 28-106.2015, 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, address, and telephone number, and facsimile number (if any) of the
respondent (for the purpose of requesting a hearing in this matter, you are the "respondent".
(b) The name, address, telephone number, facsimile number of the attorney or
qualified representative of the respondent (if any) upon whom service of pleadings and other
papers shall be made.
(c) A statement requesting an administrative hearing identifying those material facts
that are in dispute. If there are none, the petition must so indicate.
(d) A statement of when the respondent received notice of the administrative
complaint.
(e) A statement including the file number of the administrative complaint.
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.
DATED and SIGNED sc Blcud ypteabers 2009.
ae UNM
y CY .
weed —>—
es or TAMMY TESTON
Deputy Chief Financial Officer
10
CERTIFICATE OF SERVICE
COMPLAINT and ELECTION OF PROCEEDING has been furnished#o: RUPA H. MEHTA, at
I HEREBY CERTIFY that a true and correct copy of the a ADMINISTRATIVE
5 ‘win Creeks Drive, Valrico, FL 33954, by Certified Mail thi
, 2009,
11
day of
Robert Alan Fox
Senior Attorney
Department of Financial Services
Division of Legal Services
612 Larson Building
200 East Gaines Street
Tallahassee, Florida 32399-0333
(850) 413-4106
Docket for Case No: 09-006716PL
Issue Date |
Proceedings |
Apr. 11, 2011 |
Transmittal letter from Claudia Llado forwarding Respondent's Exhibits numbered 1-10, to the agency.
|
Apr. 05, 2011 |
Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
|
Apr. 05, 2011 |
Motion to Relinquish Jurisdiction and Close File filed.
|
Mar. 28, 2011 |
Department of Financial Services' Second Additional Exhibit List filed.
|
Mar. 28, 2011 |
Respondent's Exhibits List (exhibits not available for viewing) |
Mar. 28, 2011 |
Respondent's Witness List filed.
|
Mar. 25, 2011 |
Motion for Protective Order filed.
|
Mar. 17, 2011 |
Department of Financial Services' Additional Witness List filed.
|
Mar. 17, 2011 |
Department of Financial Services' Additional Exhibit List filed.
|
Mar. 16, 2011 |
Department of Financial Services' Witness List filed.
|
Mar. 16, 2011 |
Department of Financial Services' Exhibit List (exhibits not attached) filed.
|
Mar. 15, 2011 |
Order Denying Continuance of Final Hearing.
|
Mar. 14, 2011 |
Department's Motion for Continuance filed.
|
Mar. 01, 2011 |
Notice of Taking Telephonic Deposition Duces Tecum (of O. Chaudhry) filed.
|
Jan. 28, 2011 |
Order Re-scheduling Hearing by Video Teleconference (hearing set for April 1, 2011; 9:00 a.m.; Tampa and Tallahassee, FL).
|
Jan. 24, 2011 |
Department of Financial Services Status Report filed.
|
Jan. 24, 2011 |
Notice of Taking Telephonic Deposition Duces Tecum (of R. Mehta) filed.
|
Jan. 21, 2011 |
Order on Motion for Protective Order.
|
Jan. 20, 2011 |
Notice of Taking Telephonic Deposition (of O. Chaudhry) filed.
|
Jan. 20, 2011 |
Notice of Taking Telephonic Deposition Duces Tecum (of B. Unnisa) filed.
|
Jan. 19, 2011 |
CASE STATUS: Motion Hearing Held. |
Jan. 14, 2011 |
Order Granting Continuance (parties to advise status by January 24, 2011).
|
Jan. 13, 2011 |
Respondent's Notice of Conflict and Motion for Protective Order filed.
|
Jan. 12, 2011 |
Department's Motion for Continuance filed.
|
Jan. 12, 2011 |
Notice of Taking Telephonic Deposition Duces Tecum (of O. Chaudhry) filed.
|
Jan. 10, 2011 |
Notice of Taking Telephonic Deposition Duces Tecum (of B. Unnisa) filed.
|
Dec. 15, 2010 |
Order Re-scheduling Hearing by Video Teleconference (hearing set for February 2, 2011; 9:00 a.m.; Tampa and Tallahassee, FL).
|
Dec. 15, 2010 |
Notice of Taking Telephonic Deposition (of R. Mehta) filed.
|
Dec. 10, 2010 |
Amended Administrative Complaint filed.
|
Dec. 10, 2010 |
Department of Financial Services' Notice of Filing Amended Administrative Complaint filed.
|
Nov. 19, 2010 |
Department's Status Report filed.
|
Aug. 18, 2010 |
Order Continuing Case in Abeyance (parties to advise status by November 19, 2010).
|
Aug. 16, 2010 |
Department of Financial Services Status Report filed.
|
May 13, 2010 |
Order Canceling Hearing and Placing Case in Abeyance (parties to advise status by August 16, 2010).
|
May 13, 2010 |
CASE STATUS: Motion Hearing Held. |
May 04, 2010 |
Order Allowing Testimony by Telephone.
|
May 04, 2010 |
Order Granting Motion for Telephonic Depositions.
|
May 03, 2010 |
Notice of Telephonic Motion Hearing (motion hearing set for May 13, 2010; 11:30 a.m.).
|
Apr. 23, 2010 |
Department's Motion to Relinquish Jurisdiction filed.
|
Apr. 19, 2010 |
Department of Financial Services' Motion for Telephonic Depositions filed.
|
Apr. 19, 2010 |
Department of Financial Services' Motion for Telephonic Testimony filed.
|
Apr. 08, 2010 |
Order Re-scheduling Hearing by Video Teleconference (hearing set for May 27, 2010; 9:00 a.m.; Tampa and Tallahassee, FL).
|
Apr. 05, 2010 |
Department of Financial Services Status Report filed.
|
Mar. 23, 2010 |
Order Granting Continuance (parties to advise status by April 2, 2010).
|
Mar. 23, 2010 |
Department's Motion for Continuance filed.
|
Jan. 21, 2010 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for April 6, 2010; 9:00 a.m.; Tampa, FL).
|
Jan. 15, 2010 |
Motion for Continuance filed.
|
Dec. 22, 2009 |
Order of Pre-hearing Instructions.
|
Dec. 22, 2009 |
Notice of Hearing (hearing set for February 18, 2010; 9:00 a.m.; Tampa, FL).
|
Dec. 10, 2009 |
Initial Order.
|
Dec. 09, 2009 |
Answer to Administrative Complaint filed.
|
Dec. 09, 2009 |
Administrative Complaint filed.
|
Dec. 09, 2009 |
Agency referral filed.
|
|
CASE STATUS: Motion Hearing Held. |