Feb 23 2010 9:51 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Feb, 23 2616 18:51AM P4 FILED REPRESENTING ALEX SINK CHIEF FINANCIAL OFFICER SEP 21 2009 “eros Docketed y RA IN THE MATTER OF: CASE NO.: 105532-09-AG ‘NANCY SUE PEMBERTON - { ADMINISTRATIVE COMPLAINT NANCY SUF PEMBERTON 5796 Ulmerton Rd., Lot 601 Clearwater, FL 33760-3958 NANCY SUE PEMBERTON 8380 Ulmerton Rd., Suite 314 Largo, FL 33771 You, NANCY SUE PEMBERTON, license ID, # A311359 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 a travel insurance agent and a motor vehicle rental insurance agent in this state, as a result of which it is alleged: GENLRAI ALLEGATIONS 1, Pursuant 10 Chapter 626, Florida Statules, you, NANCY SUL PEMBERTON, are currently licensed in this state as a travel insurance agent and a motor vehicle renta) insurance agent. f Feb 23 2010 9:51 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Feb, 23 2616 18:31AM PS 2, At all times pertinent to the dates and occurrences referred to herein, you, NANCY SUL PEMBERTON, were licensed in this state as a travel insurance agent and a motor vehicle rental insurance agent. 3. Pursuant to Chapter 626, Florida Statutes, the Florida Department of l'inancial Services (“Department”) has jurisdiction over your insurance licenses and appointments. 4. You, NANCY SUE PEMBERTON, are the President and Director of Four Seasons Tours & Cruises, Inc. 5. Lee Pemberton is also an officer of Four Seasons Tours & Cruises, Inc. 6. At all times relevant to the dates and occurrences referenced herein, Lee Pemberton was not licensed in this state to transact insurance, 7. At all times relevant to the dates and occurrences referenced herein, Prime ‘Travel Protection Inc. was not authorized (o transact insurance in this state. 8. The above general allegations are hereby realleged and fully incorporated herein by reference. 9. On or about September 19, 2007, consumers D.R, and RR. contacted Lee Pemberton and reserved a cruise through Four Seasons Tours & Cruises, Inc., the agency in which you, NANCY SUE PEMBERTON, are an officer. 10. In August 2008, consumers D.R, and R.R, asked Lee Pemberton about travel insurance in connection with an upcoming cruise they booked with Tour Seasons Tours & Cruises, Inc. Feb 23 2010 9:51 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Feb, 23 2616 16:51AM Pe 11. In August 2008, Lee Pemberton recommended travel insurance to D.R. and R.R. through Prime ‘lravel Protection, an unauthorized insurer, and Lec Pemberton provided applications for insurance to D.R. and R.R. with Prime Travel Protection. 12. Lee Pemberton solicited an insurance product to D.R. and R.R. without being properly licensed, in violation of Section 626.1 12(1)(b), Florida Statutes. 13. You, NANCY SUR PEMBERTON, knew, or should have known, that Lee Pemberton solicited an insurance product to D.R, and R.R. without being properly licensed. 14. . You, NANCY SUE PEMBERTON, directed the affairs of and worked with and through Four Seasons Tours & Cruises, ine., and in so doing you, NANCY SUE PEMBERTON, aided and abetted Lee Pemberton in the solicitation of travel insurance, a violation of the insurance code. IT 18 THEREFORE CHARGED that you, NANCY SUE PEMBERTON, have violated or are accountable under one or more of the following provisions of the llorida Statutes or Florida Administrative Code, which constitute grounds for the suspension or revocation of your licenses as a Florida insurance agent: (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) Lf 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 lo engage in the business of insurance. [Section 626.611(7), Florida Statutes] Feb 23 2010 9:52 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Feb, 23 2616 18:52AM Pr (d) Willful failure to comply with, or willful violation of, any proper order or rule of the department or willful violation on any provision of this code. [Section 626.61 1(13), Florida Statutes] (e) Violation of any provision of this code or of any other Jaw applicable to the business of insurance in the course of dealing under the license or appointment. [Section 626.621(2). Florida Statutes] (f) 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. [Section 626.621(6), Florida Statutes] (g) Knowingly aiding, assisting, procuring, advising, or abetting any person in the violation of of 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) No person shall, from offices or by personnel or facilitics located in this state, or in any other state or country, directly or indirectly act as agent for, or otherwise represent or aid on behalf of another, any insurer not then authorized to transact such insurance in this state in: the solicitation, negotiation, procurement, or effectuation of insurance or annuity contracts, or rettewals thereof. [Section 626.901(1)(a), Florida Statutes] COUNT IT 15. The above general allegations are hereby realleged and fully incorporated herein by reference. Feb 23 2010 9:52 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Feb, 23 2616 16:52AM Pe 16. Tn August 2008, Lee Pemberton, an officer o f Four Seasons Tours & Cruises, Inc., provided consumers D.R. and R.R. with an application for travel insurance with Prime Travel Protection Ine., an unauthorized insurer. 17. On or about August 14, 2008, D.R. and R.R. filled out an application for travel insurance wilh Prime ‘Travel Protection Inc. 18. Subsequent to August 14, 2008, D.R. and RR, received a “Certificate of Coverage” from Prime Travel Protection, Inc, The “Certificate of Coverage” includes a policy number, “808180843NM,” and a schedule of coverage relating to travel insurance. 19, Prime Travel Protection Inc., an unauthorized insurer, issued a travel insurance policy to D.R. and R.R,, in violation of Sections 624.401(1) and 626.112(1)(b)4., Florida Statutes, 20. You, NANCY SUE PEMBERTON, knew, or should have known, that Lec Pemberton solicited an insurance product to consumers DR. and R.R, and that Prime Travel Protection Inc., an unauthorized insurer, issued a travel insurance policy to D.R. and R.R. 21. You, NANCY SUE PEMBERTON, directed the affairs of and worked with and through Four Scasons Tours & Cruises, Inc., and in so doing You, NANCY SUE PEMBERTON, aided and abetied Prime Travel Protection inc. in issuing travel insurance, a violation of the insurance code, IT IS THEREFORE CHARGED that you, NANCY SUE PEMBERTON, have violated or are accountable under one or more of the following provisions of the llorida Statutes or Florida Administrative Code, which constitute grounds for the suspension or revocation of your licenses as a Florida insurance agent: Feb 23 2010 9:52 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Feb, 23 2616 18:52AM Po (a) No person shall transact insurance in this state, or relative to a subject of insurance resident, located, ot to be performed in this state, without complying with the applicable provisions of this code. [Section 624.11(1), Florida Statutes] (b) Tf 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) Willful failure to comply with, or willful violation of, any proper order or rule of the department or willful violation on any provision of this code. [Section 626.611(13), Florida Sialutes] (e) 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] (f) 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 LX of this chapter, or having otherwise shown himself or herself to be a source of injury or loss to the public. [Section 626.621(6), Florida Statutes] (2) 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] (bh) ~—_—No person shall, from offices or by personnel or [acilities located in this state, or in any other state or country, directly or indirectly act as agent for, or otherwise represent or aid on behalf of another, any insurer not then authorized to transact such insurance in this state in: Feb 23 2010 9:53 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Feb, 23 2616 18:53AM Pile the solicitation, negotiation, procurement, or effectuation of insurance or annuity contracts, or renewals thereof. [Section 626,901(1)(a), Florida Statutes] WHEREFORE, you, NANCY SUL PEMBERTON, are hereby notified that the Chief Financial Officcr intends to enter an Order suspending or revoking your licenses and appointments as an insurance agent or to impose such penaltics as may be provided under the provisions of Sections 626.611, 626.621, 626,681, 626.691, and 626.692 Florida Statutes, and tmder the other referenced sections of the Florida Statutes as sel 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 the General Counsel acting as the Agency Clerk, at the Florida Department of Financial Services, 612 Larson Building, 200 Fast Gaines Street, Tallahassee, Florida 32399-0333. Your wrillen 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 WATVER OF YOUR RIGHT TO REQUEST A PROCEEDING ON THE MATTERS ALLEGED HEREIN AND AN ORDER OF SUSPENSION OR REVOCATION WILL BE ENTERED AGAINST YOU. Feb 23 2010 9:53 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Feb, 23 2618 18:33AM Pil If you request a proceeding, you must provide information that complics with the requirements of Rule 28-106.2015, Florida Administrative Code. As noted above, completion of the attached Flection 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 matler, 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, Tf there are none, the petition must so indicate. (d) A statement of when the respondent received notice of the administrative complaint. (c) A statement including the file number of the administrative complaint. Tl 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. Tf a proceeding is requested and there is no dispute of material fact, the provisions of Section 120.57(2), Florida Statutes, apply. Th 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 Feb 23 2010 9:53 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Feb, 23 2616 18:53AM Pil2 the absence of a dispute of fact, if you feel that a hearing is necessary, one will be conducted in Tallahassee, Florida, ot 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 otal 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 decmed abandoned unless timely renewed in compliance with the guidelines as set out above. Mediation of this matter pursuant to Section 120.573, Mlorida Statutes, is not available. No Department attorney will discuss this matter with you until the response has been received by the Department. y DATED and SIGNED this AL day of _AC - QUO) pine Oem , 2009, TAMMY TES€ON Deputy Chief Financial Officer a Fo Pea Ag } v7 aN : de viet Feb 23 2010 9:54 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Feb, 23 2616 1a:34AM Pls CERTIFICATE OF SERVIC THEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and KLUECTION OF PROCEEDING has been furnished to: NANCY SUE PEMBERTON, 5796 Ulmerton Rd., Lot 601, Clearwater, FL 33760-3958; NANCY SUE day of Le $380 Ulmerton Rd., Suite 314, Largo, FT. 33771 by Certified Mail this Pal L day of AL. 2009. A Alan Fox Senior Atlorney Department of Financia] Services Division of Legal Services 612 Larson Building 200 Rast Gaines Street Tallahassee, Florida 32399-0333 (850) 413-4227 FROM :DEPT OF FINANCIAL SERVICES FAX NO. STATE OF FLORIDA 1858437498? Feb 23 2010 9:54 Feb, 23 2616 16:54AM P14 DEPARTMENT OF FINANCIAL SERVICES DIVISION OF LEGAL SERVICES JN THE MATTER OF: NANCY SUR PEMBERTON CASE NO.: 105532-09-AG TION OF PROCEEDING Thave received and have read the Adininisttalive Complaint filed by the Florida Department of Financial Services ("Department") against me, including the Notice of Rights contained therein, and | undersiand my options, Tam requesting disposition of Uhis maller as indicated below. (CHOOSE ONT) hE] T dy not dispute any of the Department’s factual allegations and J do not desire a hearing. I understand that by waiving ty right o a hearing, the Department may enter a final order that adepis the Administrative Complaint and imposes (he sanctions sought, including suspending or revoking, my licenses and appointments as may be appropriate, 2. I do not dispute any of the Department's factual allogations and I hereby elect a proceeding to be conducted in accordance with Section 120.57(2), Mlarida Statutes, In this regard, | desire to (CIIOOSE ONE); I] Submit 4 written statement and documentary evidence in licu of 4 hearing; or {] Personally attend a hearing, conducted by a department hearing officer in Tallahassee; or LJ Attend that same hearing by way of a telephone conference call. 3. [} | do dispute one or more of the Depariment's factual allegations. I hereby request a hearing pursuant to Section 120,87(1), Florida Statutes, to be held before the Division of Administrative Hearings. | have attached to this election form (he information required by Rule 28-106.2015, Florida Administrative Cade, as specified in subparagraph (¢) of the Notice of Rights, Specifically, [ have identified the disputed issucs of material tact. TO PRESERVE YOUR RIGHT TO A HEARING, YOU MUST FILE YOUR RESPONSE WITH TIE DEPARTMENT OF FINANCIAL SERVICES WITHIN TWENTY-ONE (21) DAYS OF YOUR RECEIPT OF THE ADMINISTRATIVE COMPLAINT. THE RESPONSE MUST BE RECEIVED BY THE DEPARTMENT NO LATER TITAN 5:00 PLM, ON THE TWENTY-FIRST DAY AFTER YOUR RECFIPT OF TITE ADMINISTRATIVE COMPLAINT. The address for filing is: General Counsel acting, as Agency Clerk, Florida Department of Finaneial Services, 612 Larson Kuilding, 200 Fast Gaines Street, Tallahassce, Florida 32399-0333. Signature Date: Date Administrative Complaint Received: __. Tf you are represented by an attorney or qualified representative, please attach to this election form his or her name, address, telephone and fax numbers Print Name Address; Phone No. Fax No. 11

Docket for Case No: 10-000935PL