FILED APR 10 200 THE TREASURER OF THE STATE OF FLORIDA TREASURER AND REAS AN! DEPARTMENT OF INSURANCE INSURANCE COMMISSIONER TOM GALLAGHER Docketed by: IN THE MATTER OF: WILLIAM ANDERSON THIEBAUD, JR. / ADMINISTRATIVE COMPLAINT TO: WILLIAM ANDERSON THIEBAUD, JR. 816 NW 4" Street Belle Glade, Florida 33430-1906 WILLIAM ANDERSON THIEBAUD, JR. 140 SE Avenue E Belle Glade, Florida 33430-4097 You, WILLIAM ANDERSON THIEBAUD, JR., are hereby notified that pursuant to Chapter 626, Florida Statutes, 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. You, WILLIAM ANDERSON THIEBAUD, JR., are currently licensed in the state as a general lines insurance agent. 2. At all time pertinent to the dates and occurrences referred to in this Administrative Complaint you, WILLIAM ANDERSON THIEBAUD, JR., were licensed as an insurance agent in this state. 3. At all times pertinent to the dates and occurrences referred to in this Administrative Complaint, you, WILLIAM ANDERSON THIEBAUD, JR., were an officer, shareholder and director of Thiebaud Insurance Agency, Inc.; a Florida incorporated insurance agency. You, WILLIAM ANDERSON THIEBAUD, JR., were the sole authorized signatory on the corporate bank account and had sole control over the corporate bank account. 4. At all times pertinent to the dates and occurrences referred to herein, an agent’s agreement was in full force and effect between Thiebaud Insurance Agency and Mobile America Insurance Group as managing general agent for Fortune Insurance Company and Pegasus Insurance Company. 5. At all times pertinent to the dates and occurrences referred to in this Administrative Complaint all funds received by you, WILLIAM ANDERSON THIEBAUD, JR., pursuant to Section 626.561, Florida Statutes, from consumers or on behalf of consumers were trust funds received in a fiduciary capacity and were to be paid over to persons entitled thereto in the regular course of business. COUNT I 6. Paragraphs one through five are realleged and incorporated herein by reference. 7. Pursuant to the agent’s agreement with Mobile America Insurance Group, you, WILLIAM ANDERSON THIEBAUD, JR., submitted applications for insurance to Mobile America Insurance Group who, upon approval, would issue an insurance policy to the applicant. 8. Big Gorilla, Inc., was a premium finance company utilized by Mobile America Insurance Group to finance insurance premiums for applicants who desired to finance their premiums. 9. Upon approval of an application, Big Gorilla, Inc., would pay to you, WILLIAM ANDERSON THIEBAUD, JR., a commission on the policy. 10. When an insured defaulted on his payment, Big Gorilla, Inc., would cancel the insurance policy and would become entitled to the return of the unearned commission from the Respondent. 11. An audit of the Thiebaud Insurance Agency account, conducted by Big Gorilla, Inc., revealed an indebtedness owed by Thiebaud Insurance Agency, in the amount of $3,236.65 that is due with interest since September 18, 1998. 12. This sum represents unearned commissions received by the corporation from consumers and now due to Big Gorilla, Inc., for policies previously issued but now cancelled. 13. Demand has been made upon you, WILLIAM ANDERSON THIEBAUD, JR., and Thiebaud Insurance Agency, Inc., for payment but payment has been refused. 14. You, WILLIAM ANDERSON THIEBAUD, JR., have misappropriated, converted or unlawfully withheld for you own use and benefit moneys belonging to Big Gorilla Inc. IT IS THEREFORE CHARGED that you, WILLIAM ANDERSON THIEBAUD, JR., have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the State Treasurer and Insurance Commissioner which constitute grounds for the suspension or revocation of your insurance licenses and eligibility for licensure: (a) All premiums, return premiums, or other funds belonging to insurers or others received by an agent, solicitor, or adjuster in transactions under his license shall be trust funds so received by the licensee in a fiduciary capacity; and the licensee in the applicable regular course of business shall account for and pay the same to the insurer, insured, or other person entitled thereto. [Section 626.561(1), Florida Statutes]; (b) | Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; (c) Fraudulent or dishonest practices in the conduct of business under the license or permit. [Section 626.611(9), Florida Statutes]; (d) Misappropriation, conversion, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in conduct of business under the license. [Section 626.611(10), Florida Statutes]; (e) Willful failure to comply with, or willful violation of, any proper order or rule of the department or willful violation of any provision of the Insurance Code. [Section 626.611(13), Florida Statutes]; (f) Failure or refusal, upon demand, to pay over to any insurer he represents or has represented any money coming into his hands belonging to the insurer. [Section 626.621(4), Florida Statutes]; (g) 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]; NOTICE OF RIGHTS 4 oy, Mis. 4, Mfc eg oe. Pursuant to Sections 120.569 and 120.57, Florida Statutes ae RB. 106, Florida Administrative Code (F.A.C.), you have the right to request a proceeding to Sontest 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 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 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 formal adversarial 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 of Rule 28-106, F.A.C. and contain a) A statement identifying with particularity the allegations of the Department which you dispute and the nature of the dispute; b) An explanation of what relief you are seeking and believe you are entitled to; c) Any other information which you contend is material. 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. If you request a hearing, you have the right to be represented by counsel, or other qualified representative, to take testimony, to call and cross-examine witnesses, and to have subpoena and subpoena duces tecum issued on your behalf. You are hereby notified that mediation under Section 120.573, Florida Statutes, is not available. Failure to follow the procedure outlined with regard to your response to this notice may result in the request being denied. All prior correspondence in this matter shall be considered freeform agency action, and no such correspondence shall operate as a valid request for an administrative proceeding. Any request for 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. DATED and SIGNED this_10th day of April , 2001. KENNEY SHIPLEY Deputy Insurance Commissioner CERTIFICATE OF SERVICE Complaint was mailed by certified mail to: WILLIAM ANDERSON THIEBAUD, JR., at 816 Nw 4* Street, Belle Glade, Florida 33430-1906 and at 140 SE Avenue E, Belle Glade, Florida 33430-4097 on this 10th day of__April _, 2001. ES A. BOSSART, ESQU ivision of Legal Services 612 Larson Building Tallahassee, FL 32399-0333

Docket for Case No: 01-001635PL