Fae ed Bee i neces Ya . ee FILED JUN 6 200) - TREASURER ano THE TREASURER OF THE STATE OF FLORIDA ener sal DEPARTMENT OF INSURANCE = TOM GALLAGHER ; i IN THE MATTER OF: ue MARK JAY MOSKOWITz CASE NO.: 42061-01q@ ia < Ae _ BEE, oe re, ‘e i Bp, We | ADMINISTRATIVE COMPLAINT Bee es eo. i Ce | TO: MARK JAY MOSKOWITZ . 300 Magnolia Oak Court Longwood, Florida 32779-2401 MARK JAY MOSKOWITZ 405 Douglas Avetiue, Suite 18558 Altamonte Springs, Florida 32714-2572 which it is alleged: GENERAL ALLEGATIONS AREAL ALLEGATIONS 1. Pursuant to Chapter 626, Florida Statutes, at all times pertinent to the dates and occurrences referred to herein, you, MARK JAY MOSKOWITZ, were licensed in this State as a life and health insurance agent, License No, A185680. 2. At all times pertinent to the dates and Occurrences referred to herein, you, MARK JAY MOSKOWITZ, were licensed in this state as an insurance agent. =a 3. MOSKOWITZ, knowingly prepared and submitted numerous false and fraudulent written representations with life insurance applications to an insurer for the purpose of obtaining agent commissions therefor. ) . 4. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Insurance has jurisdiction over your insurance licenses and appointments. COUNT I 5. The above general allegations are realleged and incorporated here and fully by reference. 6. That on or about February 15, 1998, you, MARK JAY MOSKOWITZ, submitted an application for life insurance coverage in behalf of Mark Hawes, Jr. to CNA Insurance Company. Eligibility for such insurance coverage required the applicant to have issued a fully underwritten policy from an eligible carrier within the last three years with a face amount lesser than or equal to the face amount to the CNA policy applied for. ‘If the applicant met these requirements they could obtain a CNA policy without a medical exam, a blood test, a urine test, or financial information and agents who submitted such application were given full commission upon issuance. In order to meet such requirements, you, MARK JAY MOSKOWITZ, knowingly prepared and submitted false and fraudulent documentation to CNA reflecting the. said Mark Hawes, Jr. had a previous life insurance issued through Jackson National Life Insurance Company which was intended by you to qualify him for the policy to be issued by CNA Insurance Company under the application submitted. 7. IT IS THEREFORE CHARGED, that you, MARK JAY MOSKOWITZ, have , violated and 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 eligibility as an insurance agent: (a) 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. [Section 626.9541(1)(k)(1), Florida Statutes]; (b) | Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.61 1(7), Florida Statutes]; (c) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), Florida Statutes], (d) Willful failure to comply with, or willful violation of, any proper order or tule of the department or willful violation of any provision of this code, [Section 626.611(13), Florida Statutes]. COUNT IT 8. The above general allegations are realleged and incorporated here and fully by “That on on or about June 6, 1996, you, MARK JAY MOSKOWITZ, submitted an application for life insurance coverage in behalf of Robert Fuller to CNA Insurance Company. Eligibility for such insurance coverage required the applicant to have issued a fully underwritten policy from an eligible carrier within the last three years with a face amount lesser than or equal - to the face amount to the CNA policy applied for. If the applicant met these requirements they could obtain a CNA policy without a medical exam, a blood test, a urine test, or financial | information and agents who submitted such application were given full commission upon issuance. In order to meet such requirements, you, MARK JAY MOSKOWITZ, knowingly prepared and submitted false and fraudulent documentation to CNA reflecting the said Robert Fuller had a previous life insurance issued through Jackson National Life Insurance Company which was intended by you to qualify him for the policy to be issued by CNA Insurance Company under the application submitted. 10. ITIS THEREFORE CHARGED, that you, MARK JAY MOSKOWITZ, have violated and 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 eligibility as an insurance agent: (a) 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, individual. [Section 626.9541(1)(k)(1), Florida Statutes]; (bv) 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 cense or appointment. [Section 626.611(9), Florida Statutes]; (d) Willful failure to comply with, or willful violation of, any proper order of rule of the department or willful violation of any provision of this code. [Section 626.611(13), . Florida Statutes]. COUNT It 11. The above general allegations are realleged and incorporated here and fully by . ’ reference. 12. That in or about April 1997, you, MARK JAY MOSKOWITZ, submitted an application for life insurance coverage in behalf of Frank Harzynski to CNA Insurance Company. Eligibility for such insurance coverage required the applicant to have issued a fully underwritten policy from an eligible carrier within the last three years with a face amount lesser “than or equal to the face amount to the CNA policy applied for. If the applicant met these requirements they could obtain a CNA policy without a medical exam, a blood test, a urine test, or financial information and agents who submitted such application were given full commission upon issuance. In order to meet such requirements, you, MARK JAY MOSKOWITZ, knowingly prepared and submitted false and fraudulent documentation to CNA reflecting the * said Frank Harzynski had a previous life insurance issued through Jackson National Life Insurance Company which was intended by you to qualify him for the policy to be issued by CNA Insurance Company under the application submitted., 13.° IT is THEREFORE CHARGED, that you, MARK JAY MOSKOWITZ, have violated and 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 eligibility as an insurance agent: : (a) : Knowingly making a false or fraudulent written or oral statement or tepresentation 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. [Section 626.9541(1)(k)(1), Florida Statutes]; (b) | Demonstrated lack of fitness or trustworthiness to engage in the business i * of insurance. [Section 626.611(7), Florida Statutes]; (c) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), Florida Statutes}, (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]. COUNT IV 14. The above general allegations are realleged and incorporated here and fully by reference. 15. That on or about September 29, 1997, you, MARK JAY MOSKOWITZ, submitted an application for life insurance coverage in behalf of Drenda Kalaman to CNA Insurance Company. Eligibility for such insurance coverage required the applicant to have issued a fully underwritten policy from an eligible carrier within the last three years with a face : amount lesser than or equal to the face amount to the CNA policy applied for. Ifthe applicant - : met these requirements they could obtain a CNA policy without a medical exam, a blood test, a urine test, or financial information and agents who submitted such application were given full | commission upon issuance. In order to meet such requirements, you, MARK JAY ~"” MOSKOWITZ, knowingly prepared and submitted false and fraudulent documentation to CNA ; ‘reflecting the said Drenda Kalaman had a previous life insurance issued through Jackson National Life Insurance Company which was intended by you to qualify him for the policy to be issued by CNA Insurance Company under the application submitted., 16. _ITIS THEREFORE CHARGED, that you, MARK JAY MOSKOWITZ, have violated and 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 eligibility as an insurance agent: (a) 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. [Section 626.9541(1)(k)(1), Florida Statutes]; (b) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626. 611(7), Florida Statutes}; (©) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), Florida Statutes]; (d) Willful failure to comply with, or willful violation of, any proper order or tule of the department or willful violation of any provision of this code. [Section 626.611(13), Florida Statutes]. COUNT V 17. The above general allegations are realleged and incorporated here and fully by reference. 18. That on or 1 about April 17, 1996, you, MARK JAY MOSKOWITZ, submitted an application for iffe i insurance coverage in ‘behalf of David S. Pacha to CNA Insurance ‘Company’ Eligibility for such insurance coverage required the applicant to have issued a fully underwritten policy from an eligible carrier within the last three years with a face amount lesser than or equal to the face amount to the CNA policy applied for. If the applicant met these requirements they could obtain a CNA policy without a medical exam, a blood test, a urine test, or financial information and agents who submitted such application were given full commission upon cpeepepee appa n seiak issuance. In order to meet such requirements you, MARK JAY MOSKOWITZ, knowingly prepared and submitted false and fraudulent documentation to CNA reflecting the said David S. Pacha had a previous life insurance issued through Jackson National Life Insurance Company which was intended by you to qualify him for the policy to be issued by CNA Insurance Company under the application submitted. 19. ITIS THEREFORE CHARGED, that you, MARK JAY MOSKOWITZ, have violated and 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 eligibility as an insurance agent: | (a) 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. [Section 626.9541(1)(k)(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 appointment. [Section 62661 16), Florida Statutes]: ..(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} i count vi 20. The above general allegations are realleged and incorporated here and fully by reference. _ re - 21. That on or about August 17, 1999, you, MARK JAY MOSKOWITZ, submitted an application for life insurance coverage in behalf of Patrick M. Braun to CNA Insurance - Company. Eligibility for such insurance coverage required the applicant to have issued a fully underwritten policy from an eligible carrier within the last three years with a face amount lesser than or equal to the face amount to the CNA policy applied for. If the applicant met these requirements they could obtain a CNA policy without a medical exam, a blood test, a urine test, or financial information and agents who submitted such application were given full commission , upon issuance. In order to meet such requirements, you, MARK JAY MOSKOWITZ, knowingly prepared and submitted false and fraudulent documentation to CNA reflecting the said Patrick M. Braun had a previous life insurance issued through Jackson National Life Insurance Company which was intended by you to qualify him for the policy to be issued by CNA Insurance Company under the application submitted. 22. ITIS THEREFORE CHARGED, that you, MARK JAY MOSKOWITZ, have -violated and 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 eligibility as an insurance agent: (a) ‘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. [Section 626.9541(1)(k)(1), Florida Statutes], (bv) 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 appointment. [Section 626.611(9), Florida Statutes]; (d) — Willful failure to comply with, or willful violation of, any proper order or tule of the department or willful violation of any provision of this code. [Section 626.611(13), Florida Statutes]. COUNT VII 23. The above general allegations are realleged and incorporated here and fully by reference. 24. That on or about February 17, 1996, you, MARK JAY MOSKOWITZ, submitted an application for life insurance coverage in behalf of Joan Bijou to CNA Insurance Company. Eligibility for such insurance coverage required the applicant to have issued a fully underwritten policy from an eligible carrier within the last three years with a face amount lesser than or equal to the face amount to the CNA policy applied for. If the applicant met these requirements they could obtain a CNA policy without a medical exam, a blood test, a urine test, or financial information and agents who submitted such application were given full commission upon issuance. In order to meet such requirements, you, MARK JAY MOSKOWITZ, knowingly . prepared and submitted audulent documentation to CNA reflecting the ‘said Joan — Bijou had a previous life insurance issued through Jackson National Life Insurance Company which was intended by you to qualify him for the policy to be issued by CNA Insurance Company under the application submitted. 25. ITIS THEREFORE CHARGED, that t you, MARK JAY MOSKOWITZ, have violated anda are 2 accou le under the following provisions of the Florida Insurance Code and 10 Rules of the Department of Insurance which constitute grounds for the suspension or revocation of your licenses and eligibility as an insurance agent: (a) | 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. [Section 626.9541(1)(k)(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 appointment. [Section 626.61 109), Florida Statutes]; (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]. COUNT Vill 26. The above general allegations are realleged and incorporated here and fully by reference. 27. That on or about January 17, 1999, you, MARK JAY MOSKOWITZ, submitted an application for life insurance coverage in behalf of Jane Houda Behringer to CNA Insurance Company. Eligibility for such insurance coverage required the applicant to have issued a fully underwritten policy from an eligible carrier within the last three years with a face amount lesser than or equal to the face amount to the CNA policy applied for. If the applicant met these 1 | requirements they could obtain a CNA policy without a medical exam, a blood test, a urine test, or financial information and agents who submitted such application were given full commission upon issuance. In order to meet such requirements, you, MARK JAY MOSKOWITZ, knowingly prepared and submitted false and fraudulent documentation to CNA reflecting the said Jane Houda Behringer had a previous life insurance issued through Jackson National Life Insurance Company which was intended by you to qualify him for the policy to be issued by CNA Insurance Company under the application submitted. 28. ITIS THEREFORE CHARGED, that you, MARK JAY MOSKOWITZ, have violated and 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 eligibility as an insurance agent: (a) | 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. [Section 626.9541(1)(k)(1), Florida Statutes]; (b) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.61 1(7), Florida Statutes]; (c) Fraudulent or dishonest Practices in the conduct of business under the license c or appointment oer 61 109), “Florida Statutes]; ; @ willful failure to comply with, or willful violation of, any Proper order or rule of the ne department or willful violation of any provision of this code. [Section 626.611(13), Florida Statutes]. “COUNT IX Ix 29. The above general allegations are realleged and incorporated h here and fully by reference. 12 vege 30. That on or about December 20, 1997, you, MARK JAY MOSKOWITZ, submitted an application for life insurance coverage in behalf of Lori A. Young to CNA Insurance Company. Eligibility for such insurance coverage required the applicant to have issued a fully underwritten policy from an eligible carrier within the last three years with a face amount lesser than or equal to the face amount to the CNA policy applied for. If the applicant met these requirements they could obtain a CNA policy without a medical exam, a blood test, a urine test, or financial information and agents who submitted such application were given full commission upon issuance. In order to meet such requirements, you, MARK JAY MOSKOWITZ, knowingly prepared and submitted false and fraudulent documentation to CNA reflecting the said Lori A. Young had a previous life insurance issued through Jackson National Life Insurance Company which was intended by you to qualify him for the policy to be issued by CNA Insurance Company under the application submitted. 31. ITIS THEREFORE CHARGED, that you, MARK JAY MOSKOWITZ, have violated and 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 eligibility as an insurance agent: (a) | 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. [Section 626.9541(1)(k)(1), Florida Statutes]; . _(b) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; 13 pr repeeese mage ie (c) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.61 1(9), Florida Statutes]; (d) - Willful failure to comply with, or willful violation of, any proper order or tule of the department or willful violation of any provision of this code. [Section 626.61 1(13), Florida Statutes]. COUNT X 32. The above general allegations are realleged and incorporated here and fully by reference. 33. That on or about June 17, 1996, you, MARK JAY MO SKOWITZ, submitted an application for life insurance coverage in behalf of Gregory M. Simpson to CNA Insurance Company. Eligibility for such insurance coverage required the applicant to have issued a fully underwritten policy from an eligible carrier within the last three years with a face amount lesser than or equal to the face : amount to the CNA policy applied for. If the applicant met these requirements they could obtain a CNA policy without a medical exam, a blood test, a urine test, or financial information and agents who submitted such application were given full commission upon issuance. In order to meet such requirements, you, MARK JAY MOSKOWITZ, knowingly Prepared id itted false and fraudulent documentation to CNA reflecting the said Gregory M. Simpson had a previous life i insurance issued through Jackson National Life Insurance Company which was intended by you to qualify him for the policy to be issued by CNA Insurance Company under the application submitted. . 34. IT IS THEREFORE CHARGED, that you, MARK JAY MOSKOWITZ, have violated and are accountable under the following provisions of the Florida Insurance Code and 14 Rules of the Department of Insurance which constitute grounds for the suspension or revocation of your licenses and eligibility as an insurance agent: (a) | 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. [Section 626.9541(1)(k)(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 appointment. [Section 626.611(9), Florida Statutes]; (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]. . COUNT XI 35. The above general allegations are realleged and incorporated here and fully by reference. | 36. That on or about August 4, 1998, you, MARK JAY MOSKOWITZ, submitted at an application for for life insurance coverage i in behalf of Maurice O. Bridge to CNA Insurance Company. Eligibility for such insurance coverage required the applicant to have issued a fully underwritten policy from an eligible carrier within the last three years with a face amount lesser than or equal to the face amount to the CNA policy applied for. Ifthe applicant met these requirements they could obtain a CNA policy without a medical exam, a blood test, a urine test, or financial information and agents who submitted such application were given full commission 15 upon issuance. In order to meet such requirements, you, MARK JAY MOSKOWITZ, knowingly prepared and submitted false and fraudulent documentation to CNA reflecting the said Maurice O. Bridge had a previous life insurance issued through Jackson National Life Insurance Company which was intended by you to qualify him for the policy to be issued by CNA Insurance Company under the application submitted. 37. ITIS THEREFORE CHARGED, that you, MARK JAY MOSKOWITZ, have violated and 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 eligibility as an insurance agent: (a) Knowingly making a false ot 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. [Section 626.9541(1)(k)(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 appointment. [Section 626.61 1(9), Florida Statutes]; | (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]. . . COUNT XII 38. The above general allegations are realleged and incorporated here and fully by reference. 16 re el le le 39. That on or about November 12, 1997, you, MARK JAY MOSKOWITZ, submitted an application for life insurance coverage in behalf of Sharon Silver to CNA Insurance Company. Eligibility for such insurance coverage required the applicant to have issued a fully underwritten policy from an eligible carrier within the last three years with a face amount lesser than or equal to the face amount to the CNA policy applied for. Ifthe applicant met these requirements they could obtain a CNA policy without a medical exam, a blood test, a urine test, or financial information and agents who submitted such application were given full commission upon issuance. In order to meet such requirements, you, MARK JAY MOSKOWITZ, knowingly prepared and submitted false and fraudulent documentation to CNA reflecting the said Sharon Silver had a previous life insurance issued through Jackson National Life Insurance Company which was intended by you to qualify him for the policy to be issued by CNA “Insurance Company under the application submitted. 40, ITIS THEREFORE CHARGED, that you, MARK JAY MOSKOWITZ, have violated and 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 li licenses and d eligibility as an insurance agent: @ “Knowingly making a false or r fraudulent v written or r oral statement or tion on, or relative to, ai an n application 0 or negotiation for an insurance policy for the purpose of obtaining a fee, commission, money, or other benefit from any insurer, agent, broker, ~ orindividual. [Section 626. 9541(1) XD, Florida Statutes]; (b) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; 17 ne (c) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), Florida Statutes]; (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]. ; COUNT XII 41. The above general allegations are realleged and incorporated here and fully by reference. 42. That on or about November 6, 1997, you, MARK JAY MOSKOWITZ, submitted an application for life insurance coverage in behalf of Travis Tucker to CNA Insurance : ‘Company. Eligibility for such insurance coverage required the applicant to have issued a fully underwritten policy from an eligible carrier within the last three years with a face amount lesser : than or equal to the face amount to the CNA policy applied for. Ifthe applicant met these requirements they could obtain a CNA policy without a medical exam, a blood test, a urine test, or financial information and agents who submitted such application were given full commission upon issuance. In order to meet such requirements, you, MARK JAY MOSKOWITZ, knowingly prepared and submitted false and fraudulent documentation to NA reflecting the said Travis Tucker had a previous life insurance issued through Jackson National Life Insurance Company which was intended by you to qualify him for the policy to be issued by CNA Insurance Company under the application submitted. 43, _ ITIS THEREFORE CHARGED, that you, MARK JAY MOSKOWITZ, have violated and are accountable under the following provisions of the Florida Insurance Code and 18 Rules of the Department of Insurance which constitute grounds for the suspension or revocation of your licenses and eligibility as an insurance agent: (a) | 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. [Section 626.9541(1)(k)(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 appointment. [Section 626.611(9), Florida Statutes]; (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]. ‘COUNT XIV 44. The above general allegations are realleged and incorporated here and fully by reference. AS. That ot an application for life insurance coverage in behalf of John Boyce to CNA Insurance Company. ~ Eligibility for such insurance coverage required the applicant to have issued a fully underwritten policy from an eligible carrier within the last three years with a face amount lesser than or equal to the face amount to the CNA policy applied for. If the applicant met these requirements they . could obtain a CNA policy without a medical exam, a blood test, a urine test, or financial information and agents who submitted such application were given full commission upon 19 sr about October 28, 1997, you, MARK JAY MOSKOWITZ, submitted issuance. In order to meet such requirements, you, MARK JAY MOSKOWITZ, knowingly prepared and submitted false and fraudulent documentation to CNA reflecting the said John Boyce had a previous life insurance issued through Jackson National Life Insurance Company which was intended by you to qualify him for the policy to be issued by CNA Insurance Company under the application submitted. 46. ITIS THEREFORE CHARGED, that you, MARK JAY MOSKOWITZ, have - violated and 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 eligibility as an insurance agent: (a) 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. [Section 626.9541(1)(k)(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 “Ticense of appointment’ (Section 626.611), Florida Statutes), . (d) — Willful failure to comply with, or willful violation of, any proper order or tule of the department or willful violation of any provision of this code. [Section 626.61 1(13), Florida Statutes]. ~: COUNT XV 47. The above general allegations are realleged and incorporated here and fully by reference. 20 48. That on or about October 28, ] 997, you, MARK JAY MOSKOWITZ, submitted an application for life insurance coverage in behalf of John Greco to CNA Insurance Company. Eligibility for such insurance coverage required the applicant to have issued a fully underwritten policy from an eligible carrier within the last three years with a face amount lesser than or equal ‘to the face amount to the CNA policy applied for. If the applicant met these requirements they could obtain a CNA policy without a medical exam, a blood test, a urine test, or financial information and agents who submitted such application were given full commission upon issuance. In order to meet such requirements you, MARK JAY MOSKOWITZ, knowingly prepared and submitted false and fraudulent documentation to CNA reflecting the said John Greco had a previous life insurance issued through Jackson National Life Insurance Company which was intended by you to qualify him for the policy to be issued by CNA Insurance Company under the application submitted. 49. ITIS ‘THEREFORE CHARGED, that you, MARK JAY MOSKOWITZ, have violated and 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 eligibility as an insurance agent: (a) 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. [Section 626.9541(1)(k)(1), Florida Statutes]; | (b) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; 21 (c) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), F lorida Statutes]; (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]. COUNT XVI 50. The above general allegations are realleged and incorporated here and fully by reference, 51. That on or about August 28, 1997, you, MARK JAY MOSKOWITZ, submitted an application for life insurance coverage in behalf of Emelia Valeri to CNA Insurance Company. Eligibility for such insurance coverage required the applicant to have issued a fully underwritten policy from an eligible carrier within the last three years with a face amount lesser than or equal to the face amount to the CNA policy applied for. If the applicant met these requirements they could obtain a CNA policy without a medical exam, a blood test, a urine test, or financial information, and agents who submitted such application were given full commission ‘upon issuance. In order to meet such requirements you, MARK JAY MOSKOWITZ, knowingly prepared and submitted falsé and fraudulent documentation to CNA reflecting the said Emelia Valeri had a previous life insurance issued through J ackson National Life Insurance Company — which was intended by you to qualify him for the policy to be issued by CNA Insurance Company under the application submitted. . 52. IT IS THEREFORE CHARGED, that you, MARK JAY MOSKOWITZ, have violated and are accountable under the following provisions of the Florida Insurance Code and . 22 Rules of the Department of Insurance which constitute grounds for the suspension or revocation of your licenses and eligibility as an insurance agent: (a) | 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. [Section 626.9541(1)(k)(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 appointment. [Section 626.611(9), Florida Statutes]; (d) Willful failure to comply with, or willful violation of, any proper order or tule of the department or willful violation of any provision of this code. [Section 626.611(13), Florida Statutes]. . _ COUNT XVII 53. The above general allegations are realleged and incorporated here and fully by reference. vs 54. : That on or about October 19, 1996 and September 23, 1997, you, MARK JAY MOSKOWITZ, submitted an application for life insurance coverage in behalf of Sami Shaikh to CNA Insurance Company. Eligibility for such insurance coverage required the applicant to have issued a fully underwritten policy from an eligible carrier within the last three years with a face amount lesser than or equal to the face amount to the CNA policy applied for. If the applicant | met these requirements they could obtain a CNA policy without a medical exam, a blood test, a urine test, or financial information and agents who submitted such application were given full 23 commission upon issuance. In order to meet such requirements you, MARK JAY MOSKOWITZ, knowingly prepared and submitted false and fraudulent documentation to CNA reflecting the said Sami Shaikh had a previous life insurance issued through Jackson National Life Insurance Company which was intended by you to qualify him for the policy to be issued by CNA Insurance Company under the application submitted. 55. ITIS THEREFORE CHARGED, that you, MARK JAY MOSKOWITZ, have violated and 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 eligibility as an insurance agent: (a) 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. [Section 626.9541(1)(k)(1), Florida Statutes]; . (b) . Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.61 1(7), Florida Statutes]; (c) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), Florida Statutes]; | (d) Willful failure to comply with, or willful violation of, any proper order dr tule of the department or willful violation of any provision of this code. [Section 626.61 1(13), Florida Statutes]. . COUNT XVIII 56. The above general allegations are realleged and incorporated here and fully by reference. 24 56. That on or about March 25, 1996, you, MARK JAY MOSKOWITZ, submitted an application for life insurance coverage in behalf of Patricia Lybrand to CNA Insurance Company. Eligibility for such insurance coverage required the applicant to have issued a fully underwritten policy from an eligible carrier within the last three years with a face amount lesser than or equal to the face amount to the CNA policy applied for. If the applicant met these requirements they could obtain a CNA policy without a medical exam, a blood test, a urine test, or financial information and agents who submitted such application were given full commission upon issuance. In order to meet such requirements you, MARK JAY MOSKOWITZ, knowingly prepared and submitted false and fraudulent documentation to CNA reflecting the said Patricia Lybrand had a previous life insurance issued through Jackson National Life Insurance Company which was intended by you to qualify him for the policy to be issued by CNA Insurance Company under the application submitted. | 57. IT IS THEREFORE CHARGED, that you, MARK JAY MOSKOWITZ, have violated and 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 eligibility as an insurance agent: @ 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. [Section 626.9541(1)(k)(1), Florida Statutes]; ©) " Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.61 (7), Florida Statutes]; 25 eee eee delivery is ‘utilized, the Petition or Election should be delivered to 6: (c) Fraudulent or dishonest practices in the conduct of business under the . license or appointment. [Section 626.611(9), Florida Statutes]; (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). WHEREFORE, you, MARK JAY MOSKOWITZ, are hereby notified that the Treasurer and Insurance Commissioner intends to enter an Order suspending or revoking your licenses and eligibility for licensure as an insurance agent or to impose such lesser penalties as may be provided under the provisions of Chapter 626, 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 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 ofa proceeding must bei 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 arson Building, 200 East 26 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 in 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) — Anexplanation 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. 27 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 6 day of SJUNe-_, 2001. [tf KENNEY SHIPLE Deputy Insurance Commissioner 28 DEPARTMENT OF INSURANCE DIVISION OF LEGAL SERVICES IN THE MATTER OF: MARK JAY MOSKOWITZ CASE NO. 42061-01-AG / ELECTION OF RIGHTS I have received and have read the Administrative Complaint filed 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) 1. [J Ido not desire a proceeding. The Department may enter a final order revoking my license(s). 2. I do not dispute any of the Department’s factual allegations and I hereby elect an informal proceeding to be conducted in accordance with section 120.57(2), Florida Statutes. In this regard, I desire to (Choose One): (J submit a written statement and documentary evidence; (C] attend an informal hearing to be held in Tallahassee; or () attend an informal hearing by way of a telephone conference call. “3. [1] Ido dispute the Department’s factual allegations. I have attached to this form a statement indicating the specific issues of fact which are disputed and other required information indicated in the Notice of Rights. I hereby request a formal adversarial proceeding pursuant to sections 120.569 and 120.57(1), Florida Statutes, to be held before the Division of Administrative Hearings. DATE: Signature of Petitioner TO PRESERVE YOUR RIGHT TO A Name: < PROCEEDING, YOU MUST RETURN THIS FORM WITHIN TWENTY-ONE Address: Q1) DAYS OF RECEIPT TO THE DEPARTMENT OF INSURANCE AT THE ADDRESS INDICATED IN THE NOTICE OF RIGHTS. Phone: 29 Be nll ede aaltlle. Ran 5. hae el CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF RIGHTS have been furnished by Certified Mail this day of une 2001 to: MARK JAY MOSKOWITZ MARK JAY MOSKOWITZ 300 Magnolia Oak Court 405 Douglas Avenue, Suite 1855B Longwood, Florida 32779-2401 Altamonte Springs, Florida 32714-2572 Division of Legal Services 612 Larson Building Tallahassee, Florida 32399-0333 (850) 413-4242 Florida Bar No. 0001959 “Re

Docket for Case No: 01-002600PL