CHIEF FINANCIAL OFFICER

JEFF ATWATER

STATE OF FLORIDA

FILED

MAR O 1 2011

Docketed by_   b\..&. ;:=:L:;;..__

IN THE MATTER OF:

SUZANNE MARIE RUBIO

                                                           I

ADMINISTRATIVE COMPLAINT

TO: SUZANNE MARIE RUBIO

17576 Weeping Willow Trail Boca Raton, Florida 33487-2222

CASE NO.: 110392-10-AG

You, SUZANNE MARIE RUBIO, 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 life and variable annuity agent (2-14), in this state, as a result of which it is alleged:

GENERAL ALLEGATIONS

1. Pursuant to Chapter 626, Florida Statutes, you, SUZANNE MARIE RUBIO, currently are licensed in this state as a life and varia_ble annuity agent (2-14) (License Number E1243 l 6).

2. At all times pertinent to the dates and occurrences referred to herein, you, SUZANNE MARIE RUBIO, were licensed in this state as a life and variable annuity agent (2- 14).

3. Pursuant to Chapter 626, Florida Statutes, and the Florida Insur ce Code, the Florida Department of Financial Services ("Departmenf') has jurisdiction over your insurance agent licenses, appointments, and eligibility for licensure.

   
   

   Filed January 23, 2012 1:47 PM Division of Administrative Hearings

4. According to information in the Department's records you, SUZANNE MARIE RUBIO, were conducting insurance business at all times pertinent to the allegations in this Administrative Complaint.

   COUNT!

   
   

5. The above General Allegations are hereby realleged and fully incorporated herein by reference.

6. At all times pertinent to the allegations in this count, Sun Life Assurance Company of Canada (U.S.) ("Sun Life") was a company authorized to transact insurance business in the state of Florida.

7. According to Department records you, SUZANNE MARIE RUBIO, were appointed by Sun Life at all times pertinent to the allegations in this count.

8. On or about November 17, 2005, you, SUZANNE MARIE RUBIO, on behalf of prospective insured S.K., submitted an application for life insurance (the "Sun Life Application") to Sun Life.

9. The Sun Life Application, on page 7 of 7, contains the following statement to be certified by the agent taking the application: "(c) that I have given the Proposed Insured(s) the Privacy Information Notices including Medical Information Bureau, Inc. (MIB, Inc.), Fair Credit Reporting Act, and Consumer Report Notices; ..."

10. You, SUZANNE MARIE RUBIO, signed and thereby ce1iified the foregoing statement as the Registered Representative for Sun Life.

11. The Sun Life Application contains a Ce1iification of No Illustration. This certification contains the following Sales Representative Certification: "I ce1iify that no illustration conforming to the policy applied for was used in the sale of this policy. I have advised the Applicant that an illustration coriforming to the policy as issued will be provided for

    signature no later than at the time of policy delivery." (Emphasis added)

    
    

12. You, SUZANNE MARIE RUBIO, signed and thereby certified the foregoing statement as the Sales Representative for Sun Life.

13. You, SUZANNE MARIE RUBIO, never met or spoke with S.K. before submitting the Sun Life Application.

14. Each of the statements referenced in paragraphs 9 and 11, above, was materially false in that the statements indicate that you exchanged the referenced information with S.K. but you in fact never met or spoke with S.K. before submitting the Sun Life Application.

15. You, SUZANNE MARIE RUBIO, knew or should have known that the referenced statement and information were false.

16. You, SUZANNE MARIE RUBIO, submitted the Sun Life Application, including the referenced false information, to Sun Life.

17. You, SUZANNE MARIE RUBIO, intended to deceive Sun Life in regard to the Sun Life Application and the policy to be issued pursuant thereto.

18. You, SUZANNE MARIE RUBIO, gained financially by committing the violations alleged herein.

    IT IS THEREFORE CHARGED that you, SUZANNE MARIE RUBIO, have

    
    

    violated or are accountable under one or more of the following provisions of the Florida Insurance Code and the Florida Administrative Code, which constitute sufficient grounds for the suspension or revocation of your license(s) or appointment(s) as an insurance agent in this state:

    1. Section 626.611(5), Florida Statutes, which provides that it is a violation for any

       
       

       applicant, agent, title agency, adjuster, customer representative, service representative, or

       >

       
       

       managing general agent to willfully misrepresent any insurance policy or annuity contract or to

       willfully deceive with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising.

    2. Section 626.611(7), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to demonstrate a lack of fitness or trustworthiness to engage in the business of insurance.

    3. Section 626.611(9), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to demonstrate fraudulent or dishonest practices in the conduct of business under the license or appointment.

    4. Section 626.621(6), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent, in the conduct of business under the license or appointment, to engage in unfair methods of competition or in unfair or deceptive acts or practices, as prohibited under pa1t IX of this chapter, or otherwise show oneself to be a source of injury or loss to the public interest.

    5. Section 626.9541(1)(e)l.b., Florida Statutes, which provides that it is an unfair method of competition and an unfair or deceptive act or practice, violative of Section 626.9521, Florida Statutes, to knowingly make, publish, disseminate or circulate any false material statement.

    6. Section 626.9541(I )(k)I., Florida Statutes, which provides that it is an unfair method of competition and an unfair or deceptive act or practice, violative of Section 626.9521, Florida Statutes, to 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.

    7. Section 626.844(3), Florida Statutes, which provides that violation of any lawful order or rule of the department, is, in itself, a violation oflaw.

    COUNT II

    
    

19. The above General Allegations are hereby realleged and fully incorporated herein by reference.

20. At all times pertinent to the allegations in this count, Lincoln Benefit Life Company ("Lincoln Benefit") was a company authorized to transact insurance business in the state of Florida.

21. According to Department records you, SUZANNE MARIE RUBIO, were appointed by Lincoln Benefit at all times pertinent to the allegations in this count.

22. On or about January 18, 2006, you, SUZANNE MARIE RUBIO, putatively on behalf of prospective insured J.B., submitted an application for life insurance to Lincoln Benefit (the "Lincoln Benefit Application").

23. The Lincoln Benefit Application contains the following declaration: "I (each undersigned) declare that all answers written on this application are full and correct to the best of my knowledge and belief."

24. You, SUZANNE MARIE RUBIO, signed the foregoing declaration as the agent.

    
    

25. You, SUZANNE MARIE RUBIO, never met or talked to J.B. before submitting the Lincoln Benefit Application.

26. J.B. never authorized or signed the Lincoln Benefit Application.

    
    

27. You, SUZANNE MARIE RUBIO, knew or should have known that J.B. had not authorized or signed the Lincoln Benefit Application.

28. The statement referenced in paragraph 23, above, was materially false in that the statements indicate that you exchanged the referenced information with J.B. but you in fact never met or spoke with J.B. before submitting the Lincoln Benefit Application.

29. You, SUZANNE MARIE RUBIO, submitted the application to Lincoln Benefit.

    
    

30. You, SUZANNE MARIE RUBIO, intended to deceive Lincoln Benefit in regard to the Lincoln Benefit Application and the policy to be issued pursuant thereto.

31. You, SUZANNE MARIE RUBIO, gained financially by committing the violations alleged herein.

    IT IS THEREFORE CHARGED that you, SUZANNE MARIE RUBIO, have

    
    

    violated or are accountable under one or more of the following provisions of the Florida Insurance Code and the Florida Administrative Code, which constitute sufficient grounds for the suspension or revocation of your license(s) or appointment(s) as an insurance agent in this state:

    1. Section 626.611(5), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to willfully misrepresent any insurance policy or annuity contract or to willfully deceive with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising.

    2. Section 626.611(7), Florida S_tatutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to demonstrate a lack of fitness or trustworthiness to engage in the business of insurance.

    3. Section 626.611(9), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or

       managing general agent to demonstrate fraudulent or dishonest practices in the conduct of business under the license or appointment.

    4. Section 626.621(6), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent, in the conduct of business under the license or appointment, to engage in unfair methods of competition or in unfair or deceptive acts or practices, as prohibited under part IX of this chapter, or otherwise show oneself to be a source of injury or Joss to the public interest.

    5. Section 626.9541(1)(e)l.b., Florida Statutes, which provides that it is an unfair method of competition and an unfair or deceptive act or practice, violative of Section 626.9521, Florida Statutes, to knowingly make, publish, disseminate or circulate any false material statement.

    6. Section 626.9541(1)(k)l., Florida Statutes, which provides that it is an unfair method of competition and an unfair or deceptive act or practice, violative of Section 626.9521, Florida Statutes, to 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.

    7. Section 626.844(3), Florida Statutes, which provides that violation of any lawful order or rule of the department, is, in itself, a violation of law.

    COUNT III

    
    

32. The above General Allegations are hereby realleged and fully incorporated herein by reference.

33. At all times pertinent to the allegations in this count, Transamerica Occidental

    Life Insurance Company ("Transamerica") was a company authorized to transact insurance business in the state of Florida.

34. According to Department records you, SUZANNE MARIE RUBIO, were appointed by Transamerica at all times pertinent to the allegations in this count.

35. On or about March 20, 2007, you, SUZANNE MARIE RUBIO, on behalf of prospective insured S.B., submitted an application for life insurance to Transamerica (the "Transamerica Application").

36. You, SUZANNE MARIE RUBIO, signed on page two (2) of the Transamerica Application as the Licensed Resident Agent.

37. Although not part of the Transamerica Application, you, SUZANNE MARIE RUBIO, signed as the Producer and submitted the related Report by Agency Office with the Transamerica Application.

38. This Report by Agency Office includes the question, "How long have you known the Proposed Insured [S.B.]?"

39. You, SUZANNE MARIE RUBIO, answered the foregoing question with "3 months."

40. The Transamerica Application, Part 2, on page 2 of 2 included the following Agent's Statement: "I certify that I have truly and accurately recorded on this form the information supplied by the Proposed Insured."

41. You, SUZANNE MARIE RUBIO, signed the preceding Agent's Statement as the Witness/Agent/Registered Representative.

42. You, SUZANNE MARIE RUBIO, never ll\et or spoke with S.B. prior to submitting the Transamerica Application.

43. The statements referenced in paragraphs 39 and 40, above, were materially false

    in that the statements indicate that you met and/or exchanged the referenced information with

    
    

    S.B. but you in fact never met or spoke with S.B before submitting the Transamerica Application.

44. You, SUZANNE MARIE RUBIO, knew or should have known that the referenced information was false.

45. You, SUZANNE MARIE RUBIO, submitted the Transamerica Application, including the referenced false information, to Transamerica.

46. You, SUZANNE MARIE RUBIO, intended to deceive Transamerica in regard to the Transamerica Application and the policy to be issued pursuant thereto.

47. You, SUZANNE MARIE RUBIO, gained financially by committing the

'

violations alleged herein.

IT IS THEREFORE CHARGED that you, SUZANNE MARIE RUBIO, have

violated or are accountable under one or more of the following provisions of the Florida Insurance Code and the Florida Administrative Code, which constitute sufficient grounds for the suspension or revocation of your license(s) or appointment(s) as an insurance agent in this state:

1. Section 626.611(5), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to willfully misrepresent any insurance policy or annuity contract or to willfully deceive with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising.

2. Section 626.611(7), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to demonstrate a lack of fitness or trustworthiness to engage in the business of insurance.

3. Section 626.611(9), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to demonstrate fraudulent or dishonest practices in the conduct of business under the license or appointment.

4. Section 626.621(6), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent, in the conduct of business under the license or appointment, to engage in unfair methods of competition or in unfair or deceptive acts or practices, as prohibited under part IX of this chapter, or otherwise show oneself to be a source of injury or loss to the public interest.

5. Section 626.954l(l)(e)l.b., Florida Statutes, which provides that it is an unfair method of competition and an unfair or deceptive act or practice, violative of Section 626.9521, Florida Statutes, to knowingly make, publish, disseminate or circulate any false material statement.

t) Section 626.9541(1)(k)I., Florida Statutes, which provides that it is an unfair method

of competition and an unfair or deceptive act or practice, violative of Section 626.9521, Florida Statutes, to 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.

g) Section 626.844(3), Florida Statµtes, which provides that violation of any lawful order or rule of the department, is, in itself, a violation oflaw.

WHEREFORE, you, SUZANNE MARIE RUBIO, 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, including administrative fines and restitution, as may be provided under the provisions of Sections 626.611, 626.621, 626.631, 626.641, 626.651, 626.661, 626.681, 626.691, 626.692 and 626.711, Florida Statutes, and under

the other referenced Sections of the Florida Statutes and the Florida Administrative Code as set out in this Administrative Complaint. Additionally, the Department intends to enter an order to cease and desist from violation of Chapter 626, Florida Statutes. 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 of Financial Services ("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 DFS Agency Clerk, Julie Jones, Florida Department of Financial Services, 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:

1. 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").

2. 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.

3. A statement requesting an administrative hearing identifying those material facts that are in dispute. If there are none, the petition must so indicate.

4. A statement of when the respondent received notice of the administrative complaint.

5. A statement including the file number to 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 renewecl in compliance with the guidelines as set out above.

Mediation of this matter pursuant to Section 120.573, Florida Statutes, is not available.

No Depaiiment attorney will discuss this matter with you until the response has been received by the Department.

DATED and SIGNED this day of_ ffi OJ=rr--'-""'b-+-- ' 201 I.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and the following ELECTION OF PROCEEDING has been furnished to:

SUZANNE MARIE RUBIO

17576 Weeping Willow Trail Boca Raton, Florida 33487-2222

C£\ ,

by U.S. Certified Mail, restricted delivery, return receipt requested, this _ IG_+_day of

\"Co,( 2011.

            2 .    

Thomas A. "Tad" David, Esq.

Florida Department of Financial Services Division of Legal Services

200 East Gaines St. 612 Larson Building

Tallahassee, Florida 32399-0333

(850) 413-4164

Florida Bar Number 0706868

STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES

DIVISION OF LEGAL SERVICES

IN THE MATTER OF:

SUZANNE MARIE RUBIO CASE NO.: 110392-10-AG

ELECTION OF PROCEEDING

I have received and have read the Administrative Complaint filed by the Florida Depaitment of Financial Services

)

( 11De partment11 against me, including the Notice of Rights contained therein, and I understand my options. I am requesting

disposition of this matter as indicated below. (CHOOSE ONE)

I. [ ] I do not dispute any of the Department's factual allegations and I do not desire a hearing. I understand that by waiving my right to a hearing, the Department may enter a final order that adopts the Administrative Complaint and imposes the sanctions sought, including suspending or revoking my licenses and appointments as may be appropriate.

1. [ ] I .dQ...nQ1 dispute any of the Department's factual allegations and I hereby elect a proceeding to be conducted in accordance with Section 120.57(2), Florida Statutes. In this regard, I desire to (CHOOSE ONE):

   
   

   [ ] Submit a written statement and documentary evidence in lieu of a hearing; or

   
   

   [ ] Personally attend a hearing conducted by a department hearing officer in Tallahassee; or [ ] Attend that same hearing by way of a telephone conference call.

2. [ ] I do dispute one or more of the Department's factual allegations. I hereby request a hearing pursuant to Section 120.57(.l ), Florida Statutes, to be held before the Division of Administrative Hearings. I have attached to this election form the information required by Rule 28-106.2015, Florida Administrative Code, as specified in subparagraph (c) of the Notice of Rights. Specifically, I have identified the disputed issues of material fact.

TO PRESERVE YOUR RIGHT TO A HEARING, YOU MUST FILE YOUR RESPONSE WITH THE DEPARTMENT or FINANCIAL SERVICES WITHIN TWENTY-ONE (21) DAYS OF YOUR RECEIPT OF THE ADMIJ'!ISTRATIVE COMPLAINT. THE RESPONSE MUST BE RECEIVED BY THE DEPARTMENT NO LATER THAN 5:00 P.M. ON THE TWENTY-FIRST DAY AFTER YOUR RECEIPT OF THE ADMINISTRATIVE COMPLAINT.

The address for filing is: DFS Agency Clerk, Julie Jones, Florida Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399-0390.

Signature

Date:                                      _

Date Administrative

Complaint Received:                          _

Print Name

Address:                                                                                        

Ifyou are represented by an attorney or qualified Phone No.:                                                                                         representative, please attach to this election form his

or her name, add1·ess, telephone and fax numbers Fax No.:                                                                                             

Docket for Case No: 12-000357PL