FILED JUL 81 29091 THE TREASURER OF THE STATE OF FLORIDA DEPARTMENT OF INSURANCE Tom GALLAGHER IN THE MATTER OF: JEFFREY LEE. HURWITZ CASE NO.: 42160-01-AG / ADMINISTRATIVE COMPLAINT TO: JEFFREY LEE HURWITZ 27211 Driftwood Drive Bonita Springs, Florida 34135-4324 JEFFREY LEE HURWITZ 3421 Bonita Beach Road, Suite 401 Bonita Springs, Florida 33923 You, JEFFREY LEE HURWITZ, 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. Pursuant to Chapter 626, Florida Statutes, at all times pertinent to the dates and occurrences referred to herein, you, JEFFREY LEE HURWITZ, were licensed in this state as a general lines agent and are currently so licensed, License No. A126590. 2. At all times pertinent to the dates and occurrences referred to herein, you, J EFFREY LEE HURWITZ, were licensed in this state as an insurance agent. 3. Pursuant to Chapter 626, Florida Statues, the Florida Department Insurance has jurisdiction over your insurance licenses and appointments. ~ COUNT I 4. The above General Allegations are realleged and incorporated herein fully by reference. 5. Shortly before December 17, 2000, you, JEFFREY LEE HURWITZ, as a licensed insurance agent, conferred with Sara LeBlanc an existing insurance customer. You, JEFFREY LEE HURWITZ, had previously gained confidence and trust of your insured and under the guise of assisting her after recent demise of her husband, you then and there caused her to execute in blank two beneficiary forms for her Civil Service Retirement and Federal Employees Group Life Insurance programs. 6. After procuring the signature of Sara LeBlanc on such blank designation of beneficiary forms, as aforesaid, you, JEFFREY LEE HURWITZ, departed her house and thereafter, on or about December 17, 2000, caused same to be completed naming your wife, Mendy J. Hurwitz, as beneficiary thereunder, and you further procured witness signatures of two people who did not witness the said Sara LeBlanc signing such designation forms. 7. Thereafter, you caused each such designation of beneficiary form to be filed with the Federal Employee Group Insurance Program and the Civil Service Retirement System. 8. All of your actions, as aforesaid, were deceptive, false and fraudulent and accomplished without the knowledge and consent of your insurance customer, Sara LaBlanc. IT IS THEREFORE CHARGED, that you, JEFFREY LEE HURWITZ, have violated and are accountable under the following provisions of the Florida Insurance Code and rules of the Department of Insurance which constitutes grounds for the suspension or revocation of your licenses and eligibility as an insurance agent: — (a) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes], Pr] (b) Inthe conduct of business under the license or appointment, engaging in unfair methods of competition or in unfair or deceptive acts or practices, as prohibited under part X of — this chapter, or having otherwise shown himself or herself to be a source of injury or loss to the public interest or detrimental to the public interest. [Section 626.621(6), Florida Statutes]; (c) 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]; . (a) _—- 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]; (e) Fraudulent or dishonest practices in the conduct of business under the license or appointment, [Section 626.61 1(9), Florida Statutes]. WHEREFORE, you, JEFFREY LEE HURWITZ, are hereby notified that the Treasurer and Insurance Commissioner intends to enter an order revoking or suspending your licenses and eligibility for licensure as an insurance agent or to impose such penalties as may be provided under the provisions of Sections 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 j in 1 this ¢ case + revoking. or suspending any license or cclgbity for licensure held id by Code. Administrative Code (F.A.C.), you have the right to request a proceeding to contest this a 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 r Election must be received by, and filed in 1 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. olf you dispute which | are the basis for this agency’ s action | you may request a formal adver rial proceeding pursuant to Sections 120.569 and 120. 57(1), Florida Statutes. If, : Rule 28- 106, F. A. Cc. and contain: (a) A statement ‘denying with particularity t the eats o of the: epartment which you dispute and the nature of the e dispute; i ye (6) 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. ‘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. WOU, é &, ye POP. 3 7 ‘ "e SS ~ t “KENNEY SHIPLEY Deputy Insurance Commissioner gn* cape

Docket for Case No: 01-003201PL