Petitioner: DEPARTMENT OF INSURANCE
Respondent: MARC ARTHUR NICOLAS
Judges: LARRY J. SARTIN
Agency: Department of Financial Services
Locations: Miami, Florida
Filed: Aug. 22, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, December 5, 2001.
Latest Update: Dec. 25, 2024
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THE TREASURER OF THE STATE OF FLORIDA JUL 31° 2001
DEPARTMENT OF INSURANCE
TOM GALLAGHER
OLZ
CA
IN THE MATTER OF:
MARC ARTHUR NICOLAS CASE NO.:
/
ADMINISTRATIVE COMPLAINT
TO: MARC ARTHUR NICOLAS
3501 Northwest 80" Street
Miami. Florida 33147-4527
MARC ARTHUR NICOLAS
1075 Northeast 125" Street #202
Miami. Florida 33161-5800
You, MARC ARTHUR NICOLAS. 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, MARC ARTHUR NICOLAS, were licensed in this state as a
life insurance agent and are currently so licensed, License No. A192136.
2 At all times pertinent to the dates ando occurrences ss referred to herein, you, MARC
ARTHUR NICOLAS, were licensed in this state as an insurance agent.
3. Pursuant to Chapter 626, Florida Statues, the Florida Department Insitrance has
Jurisdiction over your insurance licenses and appointments. .
™
COUNTI
4, The above General Allegations are realleged and incorporated herein fully by
reference,
5. On or about August 26. 1999, you did prepare and submit an application for a life
insurance policy to Pierce National Life Insurance Company in behalf of one Marie R.
" Guillaume. Such policy was issued and you, MARC ARTHUR NICHOLAS, were paid a
commission thereon. After issuance. such policy was allowed to lapse. [t was thereupon
discovered that information submitted by you. MARC ARTHUR NICHOLAS, concerning the
said Mari R. Guillaume was false and fraudulent and designed only to falsely and fraudulently
obtain payment of commission to yourself.
If IS THEREFORE CHARGED. that you. MARC ARTHUR NICHOLAS. 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};
(b) Willful misrepresentation of any insurance policy or annuity contract or willful
deception with regard to any such policy or contract, done either in person or by any form of
dissemination of information or advertising. [Section 626.61 1(5), Florida Statutes];
(c) Fraudulent or dishonest practices in the conduct of business under the license or
appointment. [Section 626.611(9), Florida Statutes];
(d) In the 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 or detrimental to the public interest. [Section 626.621(6), Florida Statutes];
2
‘€) 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].
COUNT II
6. The above General Allegations are realleged and incorporated herein fully by
reference.
7. On or about July 16, 1999, you did prepare and submit an application for a life
insurance policy to Pierce National Life Insurance Company in behalf of one Abel Desir. Such
policy was issued and you. MARC ARTHUR NICHOLAS. were paid a commission thereon.
After issuance, such policy was allowed to lapse. It was thereupon discovered that information
submitted by you. MARC ARTHUR NICHOLAS. concerning the said Abel Desir was false and
fraudulent and designed only to falsely and fraudulently obtain payment of commission to
yourself.
IT IS THEREFORE CHARGED, that you, MARC ARTHUR NICHOLAS, 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 626.61 (7), Florida Statutes];
(b) Willful misrepresentation of any insurance policy or annuity contract or willful
deception with regard to any such policy or contract, done either in person or by any form of
dissemination of information or advertising. [Section 626.611(5), Florida Statutes];
(c) Fraudulent or dishonest practices in the conduct of business under the license or
appointment. [Section 626.611(9), Florida Statutes];
3
(d) In the 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 or detrimental to the public interest. (Section 626.621 (6), Florida Statutes];
(e) 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].
COUNT III
8. The above General Allegations are realleged and incorporated herein fully by
reference. .
9. On or about July 16. 1999. you did prepare and submit an application for a life
insurance policy to Pierce National Life Insurance Company in behalf of one Robert Batichon.
Such policy was issued and you. MARC ARTHUR NICHOLAS, were paid a commission
thereon. After issuance, such policy was allowed to lapse. It was thereupon discovered that
information submitted by you, MARC ARTHUR NICHOLAS, concerning the said Robert
Batichon was false and fraudulent and designed only to falsely and fraudulently obtain payment
of commission to yourself.
IT IS THEREFORE CHARGED, that you, MARC ARTHUR NICHOLAS, 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];
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(b) Willful misrepresentation of any insurance policy or annuity contract or willful
deception with regard to any such policy or contract, done either in person or by any form of
dissemination of information or advertising. [Section 626.61 1(5). Florida Statutes];
(c) Fraudulent or dishonest practices in the conduct of business under the license or
appointment. [Section 626.611(9), Florida Statutes];
(d) In the 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 i injury or loss t to the
public or detrimental to the public interest. [Section 626.621(6). Florida Statutes];
(e) 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].
COUNT IV
10. The above General Allegations are realleged and incorporated herein fully by
reference.
11. On or about July 21, 1999, you did prepare and submit an application for a life
insurance policy to Pierce National Life Insurance Company in behalf of one Eddy Dorce. Such
policy was issued and you, MARC ARTHUR NICHOLAS, were paid a commission thereon.
After i issuance, such policy was s allowed to lapse. qt was thereupon discovered that information
submitted by you, MARC ARTHUR NICHOLAS, concerning the said Eddy Dorce was false
and fraudulent and desi gned only to falsely and fraudulently obtain payment of commission to
yourself.
IT IS THEREFORE CHARGED. that you. MARC ARTHUR NICHOLAS, 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 626.61 1(7), Florida Statutes];
(b) Willful misrepresentation of any insurance policy or annuity contract or willful
deception with regard to any such policy or contract. done either in person or by any form of
dissemination of information or advertising. [Section 626.611(5), Florida Statutes];
| (c) Fraudulent or dishonest practices in the conduct of business under the license or
appointment. [Section 626.611(9). Florida Statutes]:
(d) In the 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 or detrimental to the public interest. [Section 626.621(6), Florida Statutes];
(e) " 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].
COUNT V
12. The above General Allegations are realleged and incorporated herein fully by
reference,
13. Onor about July 21, 1999, you did prepare and submit an application for a life
insurance policy to Pierce National Life Insurance Company in behalf of one Marie Benjarnin.
Such policy was issued and you, MARC ARTHUR NICHOLAS, were paid a commission
6
thereon. After issuance. such policy was allowed to lapse. It was thereupon discovered that
information submitted by you, MARC ARTHUR NICHOLAS. concerning the said Marie
Benjamin was false and fraudulent and designed only to falsely and fraudulently obtain payment
of commission to yourself.
IT IS THEREFORE CHARGED, that you. MARC ARTHUR NICHOLAS, 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]:
(b) Willful misrepresentation of any insurance policy or annuity contract or willful
deception with regard to any such policy or contract, done either in person or by any form of
dissemination of information or advertising. [Section 626.61 1(5), Florida Statutes];
(c) Fraudulent or dishonest practices in the conduct of business under the license or
appointment. [Section 626.611(9), Florida Statutes];
(d) In the 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 or detrimental to the public interest. [Section 626.621(6), Florida Statutes];
(e) 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].
th
COUNT VI
14. The above General Allegations are realleged and incorporated herein fully by
reference.
15. On or about July 22, 1999. you did prepare and submit an application for a life
insurance policy to Pierce National Life Insurance Company in behalf of one Rosemond Telisca.
Such policy was issued and you. MARC ARTHUR NICHOLAS. were paid a commission
thereon. After issuance. such policy was allowed to lapse. It was thereupon discovered that
information submitted by you. MARC ARTHUR NICHOLAS, concerning the said Rosemond
Telisca was false and fraudulent and designed only to falsely and fraudulently obtain payment of
comunission to yourself.
IT IS THEREFORE CHARGED. that you, MARC ARTHUR NICHOLAS. 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];
(b) Willful misrepresentation of any insurance policy or annuity contract or willful
deception with regard to any such policy or contract, done either in person or by any form of
dissemination of information or advertising, [Section 626.61 165), Florida Statutes];
(c) Fraudulent or dishonest Practices in the conduct of business under the license or
appointment. [Section 626. 61 19), Florida Statutes]: .
(d) In the 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 or detrimental to the public interest. [Section 626.621(6), Florida Statutes];
8
enema eS SE Sl SAR ee re ee errata
(e) 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]. .
COUNT VII
16. The above General Allegations are realleged and incorporated herein fully by
reference.
17. Onor about July 30. 1999, you did prepare and submit an application for a life
insurance policy to Pierce National Life Insurance Company in behalf of one Jean Philippe
_ Webert. Such policy was issued and you. MARC ARTHUR NICHOLAS. were paid a .
commission thereon. After issuance. such policy was allowed to lapse. It was thereupon
discovered that information submitted by you. MARC ARTHUR NICHOLAS, concerning the
said Jean Philippe was false and fraudulent and designed only to falsely and fraudulently obtain
payment of commission to yourself.
IT IS THEREFORE CHARGED, that you, MARC ARTHUR NICHOLAS, 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 insuranée agent: .
(a) Demonstrated lack of fitness or trustworthiness to engage in the business of
insurance. [Section 626.611(7), Florida Stannes];
(b) “Willful misrepresentation of any insurance 2e policy or annuity contract or willl
deception with regard to any such policy. or contract, Gone either i in n person o or by any form of
ie EU
dissemination of information or advertising. [Section 626.61 1(5), Florida Statutes};
2
_() Fraudulent or dishonest practices in the conduct of business under the license or
appointment. [Section 626.611(9), Florida Statutes};
9
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“must be filed with the General Counsel acting as the ‘Agency Clerk, Department of Insurance. If —
(d) In the 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 or detrimental to the public interest: [Section 626.621(6), F lorida Statutes].
(e) 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}.
WHEREFORE, you, MARC ARTHUR NIC OLAS, are hereby notified the Treasurer and
Insurance Commissioner intends to enter an order suspending or revoking your license(s) and
eligibility for licensure as an insurance agent or to impose such lesser penalties as maybe
provided under the provisions of Chapter 626, Florida Statutes, and under the other reference
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
served by US. Mail the Petition or Election should be addressed to the Florida Department of
Insurance at 612 Larson Building, Tallahassee, F lorida 32399- 0333. If Express Mail or hand
delivery is utilized, the Petition or Election should be delivered to 612 Larson Building, 200 East :
10
secre pe ping eee
Wes:
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ie phar
an ans A A SR he ER A En teen nempmmnansesenenaerfl
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. :
Ifa 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 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 Chapter 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; oe .
(b) An explanation of what relief you ae seeking and believe you are entitled to;
y other in: ormation which you contend is material.
_ These proceedings are held before the 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. 7
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rr rr ee mS ESSE SC ER Sa et a tp nee teraenreremee
If you request a hearing. you have the right to be represented by counsel. or other
qualified representative, to take tesumony. 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 shal! 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.
DONE AND ORDERD this 31st day of __ JULY , 2001.
le
KENNEY SHIPLEY
Deputy Insurance Commissioner
12
ce
paevated
2 RRR RE BRE
‘I HEREBY CERTIFY that a true and correct co
LAINT and ELECTIONS OF RIGHTS have
NICOLAS, 3501 Northwest 80" Street, Miami,
NICOLAS, 1075 Northeast 125" Street #202. fi
remnant 8 A A a ene yeni
CERTIFICATE OF SERVICE
py of the foregoing ADMINISTRATIVE
been furnished to: MARC ARTHUR
Florida 33147-4527 and MARC ARTHUR
ami, Florida 33161-5800 by certified mail this
day of___JULY » 2001. .
DEAN ANDREWS, ESQUIRE
Division of Legal Services
612 Larson Building
Tallahassee, Florida 32399-0333
(850) 413-4242
Florida Bar No. 0001959
se a cone
FORRES cir eer mmr apepen naps eee
14
Docket for Case No: 01-003335PL
Issue Date |
Proceedings |
Dec. 05, 2001 |
Order Closing File issued. CASE CLOSED.
|
Dec. 05, 2001 |
Motion to Relinquish Jurisdiction (filed by Petitioner via facsimile).
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Nov. 07, 2001 |
Order Granting Withdrawal issued.
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Oct. 24, 2001 |
Notice of withdrawal From Representation (filed by A. Vitale via facsimile).
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Oct. 17, 2001 |
Order Granting Continuance and Re-scheduling Hearing issued (hearing set for December 10, 2001; 9:30 a.m.; Miami, FL).
|
Sep. 25, 2001 |
Notice of Service of Expert Interrogatories (filed by Respondent via facsimile).
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Sep. 25, 2001 |
Notice of Service of Interrogatories (filed by Respondent via facsimile).
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Sep. 25, 2001 |
Notice of Service of Request to Produce (filed by Respondent via facsimile).
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Sep. 25, 2001 |
Notice of Service of Request for Admissions (filed by Respondent via facsimile).
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Sep. 25, 2001 |
Respondent`s Motion to Continue (filed via facsimile).
|
Sep. 07, 2001 |
Initial Order Information filed by Petitioner.
|
Sep. 06, 2001 |
Order of Pre-hearing Instructions issued.
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Sep. 06, 2001 |
Notice of Hearing issued (hearing set for October 24, 2001; 9:30 a.m.; Miami, FL).
|
Aug. 23, 2001 |
Initial Order issued.
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Aug. 22, 2001 |
Election of Rights filed.
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Aug. 22, 2001 |
Administrative Complaint filed.
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Aug. 22, 2001 |
Petition for Formal Hearing filed.
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Aug. 22, 2001 |
Agency referral filed.
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