FILED APR > 2000 THE TREASURER OF THE STATE OF FLORIDA TREASURER AND DEPARTMENT OF INSURANCE ores WCE COMMISSIONER BILL NELSON IN THE MATTER OF: (jo 0. 67 DALE EDWARD CHASTEK CASE NO.: 29457-00-AG / —_— ADMINISTRATIVE COMPLAINT TO: DALE EDWARD CHASTEK 500 North Osceola Avenue Apartment 604 Clearwater, Florida 34615 DALE EDWARD CHASTEK Mutual of Omaha P.O. Box 1092 Safety Harbor, Florida 34695-1092 You, DALE EDWARD CHASTEK, are hereby notified that the Insurance Commissioner 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, DALE EDWARD CHASTEK, are currently licensed in this state as a Life; Health; Life, Health and Variable Annuity; General Lines: Life and Health; and Life and Variable Annuity agent. 2. At all times pertinent to. the dates and occurrences referred to herein, you, DALE EDWARD CHASTEK, were licensed in this state as an insurance agent. ce a i vu a v) 3. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Insurance _ has jurisdiction over your insurance licenses and appointments. COUNTI 4. The above general allegations are hereby realleged and fully incorporated herein by reference. 5. Onor about January 4, 1999, you, DALE EDWARD CHASTEK, told Robert and Kristin Ward that they would have to purchase additional insurance through you in order: to renew their homeowner's policy. _ 6. On or about January 4, “4999, Robert and Kristin Ward of Tarpon Springs, Florida, received a letter stating that their homeowner's policy would not be renewed because it was not profitable. This letter reflected your signature, DALE EDWARD CHASTEK. IT IS THEREFORE CHARGED that you, DALE EDWARD CHASTEK, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the Department of Insurance which constitute grounds for the s or revocation of your licenses and sppcintments as an insurance agent: @ Demonstrated lack of fi tness or trustworthiness to engage in the business of “auinanes [Section 62 61107), Florida Statutes); 7 (b) Demonstrated lack of reasonably adequate knowledge and _ technical competer @ in the transactions authorized by the license or permit. [Section 626.611(8), Florida Statutes]; (c) Fraudulent or dishonest practices in the conduct of business under the license or permit. [Section 626.61 1(9), Florida Statutes]; — od 7] (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 626.611(13), Florida Statutes); (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 permit. [Section 626.621(2), Florida Statutes]; (f) In the conduct of business under the license or permit, engaging in unfair methods of competition or in unfair or deceptive acts or practices, as prohibited under part _Xofthis chapter, or having otherwise shown himself to be a source of injury or loss to the public. [Section 626.621(6), Florida Statutes} . | . Unfair methods of competition and unfair or deceptive acts or practices defined.— UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE ACTS.— The following are defined as unfair methods of competition and unfair or deceptive acts or practices: Refusal to insure.—In addition to other provisions of this code, the refusal to insure, or continue to insure, any individual or risk solely because of: The insured's or applicant's failure to agree to place collateral business with any insurer, unless the coverage applied for would | Provide I Habilty coverage which is excess ; 626. 964401603 Florida a Statutest; COUNT I : 7. The above general allegations are hereby realleged and fully incorporated herein by reference. v) — U 8. On or about Januaty 4, 1999, you, DALE EDWARD CHASTEK, informed Dolores Beemster of Tarpon Springs that you would not renew her homeowners insurance because it was not profitable. 9. On or about January 4, 1999, you, DALE EDWARD CHASTEK, informed Dolores Beemster that you would not renew her homeowners insurance unless she also placed her automobile insurance through you. IT IS THEREFORE CHARGED that you, DALE EDWARD CHASTEK, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the Department of Insurance which constitute grounds for the suspension or revocation of your licenses and appointments as an insurance agent: Sections 626.611(7), 626.61 1(8), 626.61 1(9), 626.611(13), 626.621(2), 626.621(6), 626.6541(1)(x)3, Florida Statutes which are set forth specifically in Count | above and are hereby realleged and fully incorporated herein by reference. COUNT lit 10. The above general allegations are hereby realleged and fully incorporated herein by reference. 11. On or about January 4, 1999, you, DALE EDWARD CHASTEK, informed ’ Timothy Abbey that you would not renew his homeowner's policy because Timothy Abbey no longer placed his automobile i insurance through you. 42. ‘On or “about January’ 4, 1999, Timothy ‘Abbey received a letter stating that Abbey’s homeowner's insurance would not be renewed because it was no longer profitable. This letter reflected your signature, DALE EDWARD CHASTEK. Ser WW \w] IT IS THEREFORE CHARGED that you, DALE EDWARD CHASTEK, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the Department of Insurance which constitute grounds for the suspension or revocation of your licenses and appointments as an insurance agent: Sections 626.611(7), 626.61 1(8), 626.61 1(9), 626.61 1(13), 626.621(2), 626.621(6), 626.6541(1)(x)3, Florida Statutes which are set forth specifically in Count | _ above and are hereby realleged and fully incorporated herein by reference. COUNT IV 13. The above general allegations are hereby realleged and fully incorporated herein by reference. . 14. On or about January 19, 1999, you, DALE EDWARD CHASTEK, contacted Marcia J. Seheult and told her that if she did not place her automobile coverage through you, you, DALE EDWARD CHASTEK, would cancel Ms. Seheult's homeowner's policy. Ms. Seheult informed you that she did not wish to change her automobile insurance. 15. On or about May, 1999, you, DALE EDWARD CHASTEK, cailed Ms. Seheult again seeking her automobile insurance. Ms. Seheult again informed you that she was happy with her present coverage and did not want to change. 16. On or about May 12, 1999, Marcia Seheult's received a letter canceling her homeowners policy: The letter refiécting your signature, DALE EDWARD CHASTEK. No reason was given for the cancellation. IT Is THEREFORE “CHARGED that you, DALE EDWARD CHASTEK, have violated or are accountable under the following provisions of the Florida Insurance Code ome me omg u U and Rules of the Department of Insurance which constitute grounds for the suspension or revocation of your licenses and appointments as an insurance agent: Sections 626.61 1(7), 626.61 1(8), 626.611(9), 626.611(13), 626.621(2), 626.621 (6), 626.6541(1){x)3, Florida Statutes which are set forth specifically in Count I above and are hereby realleged and fully incorporated herein by reference. WHEREFORE, you, DALE EDWARD CHASTEK, are hereby notified that the Treasurer and Insurance Commissioner intends to enter an Order suspending or revoking your licenses and appointments as an insurance agent or to impose such penaities 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. 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 Pursuant to Sections 120.569 and 120.57, Florida Statutes and Rule Chapter 28- 106, Florida Administrative Code (F.A.C.), you have the right to request a proceeding to contest this action by the Department. You may elect a proceeding by completing the attached Election of Rights form or filing a Petition. Your Petition or Election of a proceeding must be in writing and must be filed with the General Counsel acting as the Agency Clerk, Department of insurance. If served by U.S. Mail the Petition or Election should be addressed to the Florida Department of Insurance at 612 Larson Building, Tallahassee, Florida 32399-0333. If Express Mail or hand delivery is utilized, the Petition coo gmpmewerr rs U- oe v) or Election should be delivered to 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399- 0333. The Petition or Election must be received by, and filed in the Department within twenty-one 21 days of the date of your receipt of this notice. YOUR FAILURE TO RESPOND TO THIS ADMINISTRATIVE COMPLAINT WITHIN TWENTY-ONE (21) DAYS 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 a proceeding is requested and there is no dispute of fact the provisions of Section 120.57(2), Florida Statutes would apply. In this regard you may submit oral or written evidence in opposition to the action taken by this agency or a written statement challenging the grounds upon which the agency 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 i ‘in Tallahassee, Florida or by telephonic conference call upon your request. if you dispute material facts which are the basis for this agency's action you may request a proceeding pursuant to Sections 120.569 and 120.57(1), Florida Statutes. If © ‘you request this type of proceeding, the request must comply with all of the requirements 106, AC. andcontain of Rule Chapter Depa ment which you dispute and the nature of the ispute; ~ b) An explanation of what relief you are seeking and believe you are entitled to; c) Any other information which you contend is material. a) A ‘statement identifying with ‘particularity the allegations of the — eee eee eee eee pinta ain allie li eee ARR AR mada A dealinar ay