CHIEF FINANCIAL OFFICER JIMMY PATRONIS STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF INSURANCE AGENT AND AGENCY SERVICES, Petitioner, vs. CASE NO.,: 202551-17-AG ZIMZOOM INSURANCE AGENCY, Respondent, —_ Ser t HOWARD ZIMMERMAN 250 Congress Park Drive, Apartment 209 Delray Beach, Florida 33445 HOWARD@MARKETPLACEADVISORS,.COM ZimZoom Insurance Agency. (“Respondent”), license # L093042, is hereby notified that the Chief Financial Officer of the State of Florida has caused to be made an investigation of his activities while licensed as an insurance agent in this state, as a result of which it is alleged: i. Pursuant to chapter 626, Florida Statutes, Respondent is currently licensed in this state as an insurance agency. , 2. At all times pertinent to the dates and occurrences referred to herein, Respondent was licensed in this state as an insurance agency Sl Pursuant to chapter 626, Florida Statutes, the Florida Department of Financial Services (the “Department”) has jurisdiction over Respondent’s licenses and appointments, 4. At all times pertinent to the dates and occurrences referred to herein, Howard Zimmerman (“Zimmerman”) was Respondent’s owner and agent in charge. 5 At all times pertinent to the dates and occurrences referred to herein Zimmerman was licensed pursuant to the Florida Insurance Code, license number D067517 6. The allegations contained in paragraphs one thropgh three ate realleged and incorporated by reference as if filly set forth herein. 7. On or about March 18, 2014, consumer M. E. contacted Respondent, by and through Zimmerman, regarding purchasing a health insurance plan, that included dental and vision coverage. 8. M. E. wanted to purchase the health insurance through the Health Insurance Marketplace (“Marketplace”), established by the Affordable Care Act. 9, On or about March 18, 2014, Respondent, by and through Zimmerman, submitted an application (“M. E. Application”) for insurance with Chesapeake Life Insurance Company * Chesapeake”) on behalf of consumer M. E. 10. Zimmerman was listed as the producing agent on the M. E. Application. 11, The M. E. Application indicated that M. E. was applying for the following insurance plans: Premiere Vision Plan VSP1, PPO Dental Plan, Protect Fit Plus Plan, CancerWise ECAL, Critical ness Direct CIIC, Critical Accident Direct CAIC, Accident Direct ACLC, and Accident Companion AGLC. 12. The Protect Fit Plus Plan, CancerWise ECAI, Critical Illness Direct CIIC, Critical Accident Direct CAIC, Accident Direct ACLC, and Accident Companion AGLC, were supplemental insurance plans. i 13. Respondent, by and through Zimmerman, added the coverages for Protect Fit Plus Plan, CancerWise ECA1, Critical ness Direct CLIC, Critical Accident Direct CAIC, Accident Direct ACLC, and Accident Companion AGLC, without M.E.’s knowledge or consent. 14. The M.E. Application contains a document entitled Bank Authorization for Automatic Withdrawal which authorized Chesapeake to automatically debit M.E.’s bank account in the amount of $116.52 per month to pay the premium for the Premiere Vision Plan VSP1, PPO Dental Plan, Protect Fit Plus Plan, CancerWise ECA1, Critical Diness Direct CIIC, Critical Accident Direct CAIC, Accident Direct ACLC, and Accident Companion AGLC. 15. On or about March 21, 2014, Chesapeake issued the following policies based on the M. E. Application: Premiere Vision Plan VSP1, policy number 08315790910; PPO Dental Plan, policy number 08355790910, Protect Fit Plus Plan, policy number 08525790910; CancerWise ECA1, ‘policy number 08385790910; Critical Ilness Direct CIIC, policy number 08385790911; Critical Accident Direct CAIC, policy number 08515790910; Accident Direct ACLC, policy number 08575790910; and Accident Companion AGLC, policy number 08585790910 (the “ME. policies”). 16. Between March, 2014 and April 2, 2015, ME. paid approximately $1,253.24 in premiuth for the MLE, policies, IT IS THEREFORE CHARGED that Respondent has violated one or more of the following provisions of Florida Statutes, which constitutes grounds for the suspension or revocation of his licenses and appointments: a) _ Section 626,6215(5)(d), Florida Statutes, which provides, in relevant part, that the Department if its disc?etion may suspend of revoke the license of any insurance agency if its finds that the agency has violated any provision of the Florida Insurance Code with such frequency as to make operation of the agency a hazard to the insurance-buying public. b) Section 626.6215(5)(h), Florida Statutes, which provides, in relevant part, that the Department in its discretion may suspend or revoke the license of any insurance agency if its finds that the agency engages in unfair methods of competition or in unfait or deceptive acts or practices with such frequency as to make operation of the agency a hazard to the insurance-buying public. c) Section 626.6215(5)(j), Florida Statutes, which provides, in relevant part, that the Department in its discretion may suspend or revoke the license of any irisurance agency if its finds that the agency engages in unfair methods of competition or in fraudulent or dishonest practices with such frequency as to make operation of the agency a hazard to the insurance-buying public. 4d Section 626.6215(5)(k), Florida Statutes, which peovidier in relevant part, that the Department in its discretion may suspend or revoke the license of any insurance agency ifits finds that the agency demonstrated a lack of fitness or trustworthiness to engage in the business of insurance with such frequency as to make operation of the agency.a hazard to the insurance-buying public. ” e) Section 626.9521, Florida Statutes, which provides, in relevant part, that it is a violation to engage in any trade practice which is detetmined to be an unfair or deceptive act of practice involving the business of insurance. f) Section 626.9541(1)(e)1.c., Florida Statutes, which provides, in relevant part, that it is an unfair method of competition or an unfair or deceptive act to knowingly deliver to any person any false material statement, 17. The allegations contained in paragfaphs one through three are realleged and incorporated by reference as if fully set forth herein. 18. Consumer M. E., referenced in paragraphs five through thirteen supra, is the mother of consumer G. L. 19. On or about March 18, 2014, consumer M. E. contacted Respondent, by and through Zimmerman, regarding purchasing a health insurance plan, that included dental and vision coverage, on behalf of her adult daughter, G. L. 20. On or about December 22, 2014, Respondent, by and through Zimmerman, submitted an application (“G.L. Application”) with Chesapeake Life Insurance Company (“Chesapeake”) on behalf of consumer G.L. 21. Zimmerman was listed as the producing agent on the G.L Application. 22. TheG.L. Application indicated that G.L. was applying for the following insurance plans: Premiere Vision Plan VSP1, PPO Dental Plan, CancerWise ECA1, Critical Ilness Direct CIIC, Critical Accident Direct CAIC, and Accident Companion AGLC. 23, Respondent, by and through Zimmerman, added the coverages for CancerWise ECAI, Critical Iness Direct CIIC, Critical Accident Direct CAIC, and Accident Companion AGLC, without G.L.’s knowledge or consent, ° 24. On or about December 24, 2014, Chesapeake issued the following policies based on the G, L. Application: Premiere Vision Plan VSP1, policy number 08315914982; PPO Dental Plan, policy: number 08355914982; CancerWise ECA1, policy number 08385914982; Critical Tiness Direct CIC, policy number 08385914985; Critical Accident Direct CAIC, policy number oa ‘iy he TT 08515914982: and Accidett Companion AGLC, policy number 08585914982 (the “GL. policies”). 25. Between December 24, 2014'and March 1, 2015, G.L. paid approximately $221.00 5 in premium for the G. L. policies. ITIS THEREFORE CHARGED that Respondent has violated one or more of the following provisions of Florida Statutes, which constitutes grounds for the suspension or revocation of his licenses and appointments: a) Section 626.6215(5)(d), Florida Statutes, which provides, in relevant part, that the Department in its discretion may suspend or revoke the license of any insurance agency if its finds that the agency has violated any provision of the Florida Insurance Code with such frequency as to make operation of the agency a hazard to the insurance-buying public. b) Section 626.6215(5){h), Florida Statutes, which provides, in relevant part, that the Depertment in its discretion may-suspend of revoke the license of any insurance agency if its finds that the agency engages in unfair methods of competition or in unfair or deceptive acts or practices with such frequency as to make operation of the agency a hazard to the insurance-buying public. ¢) Section 626.6215(5)@), Florida Statutes, which provides, in relevant part, that the Department in its discretion may suspend or revoke the license of any insuitance agency if its finds that the agency engages in unfair methods of competition or in fraudulent or dishonest practices with such frequency as to make operation of the agency a hazard to the insurance-buying public. d) . Section 626.6215(5)(k), Florida Statutes, which provides, in relevant part, that the Department in its discretion may suspend of revoke the license of any insurance agency if its finds that the agency demonstrated a lack of fitness or trustworthiness to engage in the business of insurance with such frequency as to make operatioti of the agency a hazard to the insurance-buying public. e) Section 626.9521, Flofida Statutes, which provides, in relevant part, that it is a violation to engage in any trade practice which is determined to be an unfair ordeceptive act or practice involving the business of insurance. f) Section 626.9541(1)(e)1.c., Florida Statutes, which provides, in relevant patt, that it is an unfair method of competition or an unfair or deceptive act to Knowingly deliver to any person any false material statement. 26. On or about December 12, 2014, consumer N.W. contacted Respondent, by and through Zimmerman, regarding purchasing a health insurance plan. 27. On or about December 12, 2014, Respondent, by and through Zimmerman, submitted an application (“N.W. Application”) for insurance with Chesapeake Life Insurance Company (“Chesapeake”) on behalf of consumér N.W. 28. Zimmerman was listed as the producing agent on the N.W. Application. 29. The N.W. application indicated that N.W. was applying for the following supplemental insurance plans: Protect Fit Plus Plan, Critical Iness Direct CIIC, Critical Accident Direct CAIC, Accident Direct ACLC, and Accident Companion AGLC (“N. W. Supplemental Plans”). 30. Respondent, by and through Zimmerman, added the coverage for the N. W. Supplemental Plans without N. W.’s knowledge or consent. 31. The N.W. Application contains a document entitled Bank Authorization for Automatic Withdrawal, which authorized Chesapeake to automatically debit N.W.’s bank account in the amount of $175.61per month to pay the premium for all plans issued through Chesapeake. 32. On or about December 17, 2014, Chesapeake issued the following supplemental policies based on the N. W. Application: policy number 08385903827; Critical ness Direct CHOC, policy number 08515903827; Critical Accident, policy number 08525903827; Accident Supplement, policy number 08575903827; Accident Lump Sum, and policy number 08589503827, Accidental Injury. IT IS THEREFORE CHARGED that Respondent has violated one or more of the following provisions of Florida Statutes, which constitutes grounds for the suspension or revocation of his licenses and appointments: a) Section 626.6215(5)(d), Florida Statutes, which provides, in relevant part, that the Department in its discretion may suspend or revoke the license of any insurance agency ifits finds that the agency has violated any provision of the Florida Insurance Code with such frequency as to make operation of the agency a hazard to the insurance-buying public. b) _ Section 626.6215(5)(h), Florida Statutes, which provides, in relevant part, that the Department in its discretion may suspend or revoke tlie license of any insurance agency if its finds that the agency engages in unfair methods of competition or in unfair or deceptive acts or practices with such frequency as to make operation of the agency a hazard to the insurance-buying public. ©) _ Section 626.6215(5){(j), Florida Statutes, which provides, in relevant part, that the Department in its discretion may suspend or revoke the license of any insurance agency if its finds that the agency engages in unfair methods of competition or in fraudulent or dishonest practices with such frequency as to make operation of the agency a hazard to the insurance-buying public. d) Section 626.6215(5)(k), Florida Statutes, which provides, in relevant part, that the Department in its discretion may susperid of revoke the license of any insurance agency if its finds that the agency demonstrated a lack of fitness or trustworthiness to engage in the business of insurafice with such frequency as to miake operation of the agency a hazard to the insurance-buying public. e) Section 626.9521, Florida Statutes, which provides, in relevant part, that it is a violation to engage in any trade practice which is determined to be an unfair or deceptive act or practice involving the business of insurance: f) Section 626.9541(1}(e)1.c., Florida Statutes, which provides, in releyant part, that it is an unfair method of competition or an unfair or deceptive act to knowingly déliver to any person any false material statement. WHEREFORE, ZimZoom Insurance Agency, is hereby notified that the Chief Financial Officer intends to enter an Ordef syspending or revoking its license and appointment as an insurance agent or to impose such penalties as may be provided under the provisions of section 626.611, Florida Statutes, and Rules 69B-231.080 and 69B-231.150, Florida Administrative Code, and under the other referenced sections of the Florida Statutes as set out in this Adriinistrative Complaint. DATED and SIGNED ilfiS (OU. |", day of. Y¥250 Furaore: 5 2019, - Director, Agent & Agency, Services #

Docket for Case No: 19-001835