Oj BT29L FILED AUG 29 2001 THE TREASURER OF THE STATE OF FLORIDA DEPARTMENT OF INSURANCE _ Treasurer and TOM GALLAGHER . pesurance Comrgi oe jigsioner eketed oF IN THE MATTER OF DAYAMI QUETGLES CASE NO.: __/ ADMINISTRATIVE COMPLAINT TO: DAYAMI QUETGLES Sun Tropic 904 sw 67" Ave. Miami, Florida 33144-4761 DAYAMI QUETGLES 18217 NW 61°* Street Place Miami Beach, Florida 33015-5604 YOU, DAYAMI QUETGLES, are hereby notified that the Insurance Commissioner of the State of Florida (“the Department”) 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, DAYAMI QUETGLES, are currently licensed in this state as a general lines . insurance agent (2-20) and asa health insurance agent (2-40). 2. At all times pertinent | to the dates and occurrence referred to herein, you, DAYAMI QUETGLES, were licensed in this state to transact general lines property and casualty insurance and to act as agent for the Florida Residential Property and Casualty Joint Underwriters Association (FRPCJUA) (0-17). 3. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Insurance has jurisdiction over your insurance licenses and appointments. 4, During all times material to the allegations contained in this complaint you, DAYAMI QUETGLES, were the sole officer and director of A.A.A.A.A. Sun Tropic Insurance Services, Inc. or Sun Tropic Insurance Consultants, Inc. or Sun Tropic Insurance Service, Inc. (“Sun Tropic”) and the sole signator on the Sun Tropic corporate bank accounts. 5. As the sole corporate officer and director of Sun Tropic, you, DAYAMI QUETGLES, knew or should have known of the activities of salaried employees and insurance agents under your direct supervision and control and you were responsible and accountable for all of the activities of the staff at the Sun Tropic agency locations for the times and occurrences as hereafter presented. References to you, DAYAMI QUETGLES, include persons acting under your direct supervision and control at the agencies described herein. COUNT I 6. The above General Allegations numbered one through five are hereby realleged and fully incorporated herein by reference. . 7. In July 1997, Vivian and Ernesto Rodriguez came to you, DAYAMI QUETGLES, for the purpose of purchasing personal residence property and casualty insurance through Apex Managers Inc. (“Apex”), the servicing carrier for the FRPCJUA, showing a total premium of $1,945.00 financed by Grand Park Premium Finance Inc. (“Grand Park”). an een ae ame a A A NNR sb eens sean eee” The declarations page shows the policy number as FR-0314137-00 04 and the policy period as running from September 5, 1997 to September 5, 1998. | 8. The coverage for the Rodriguez’s home was placed through the FRPCJUA and the finance agreement contract was based on a premium of $1,722.00 with a down payment of $521.00 and eight scheduled payments of $165.25 to be made to Grand Park. 9. The original FRPCJUA application received on October 2, 1997 shows that the insured signed the application on September 5, 1997. You, DAYAMI QUETGLES, failed to provide the FRPCJUA with all necessary information and documentation with respect to this policy as a direct consequence of which the FRPCJUA issued a Notice of Cancellation as to the policy effective December 18, 1997. 10. You, DAYAMI QUETGLES, never notified either Mr. or Mrs. Rodriguez of the cancellation and they continued making payments to Grand Park. In September, 1998, Mr. and Mrs. Rodriguez received a . telephone call from “Maria” at Sun Tropic advising them that it was time to renew their policy. When Mrs. Rodriquez called Apex, she was notified that the policy was cancelled on December 18, 1997, and that the unused premium was sent to Grand Park. 11. As a direct result of the cancellation, FRPCJUA had earlier issued Grand Park a $1,169.00 refund on behalf of the insured. Grand Park, in turn, credited the Rodriquez’s account and issued you, DAYAMI QUETGLES, a total refund of $1,305.06. 12. You, DAYAMI QUETGLES, kept this refund and never forwarded it or otherwise credited the insured for this sum despite demands from them for such refund. . IT IS THEREFORE CHARGED that you, DAYAMI QUETGLES, 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: (a) Within 15 days of receipt of notification from the premium finance company, the agent shall return unearned premium including any unearned commission to the insured or with the written approval of the insured apply such amount to the purchase of other insurance products -regulated by the department [Section 627.848(1)(e), Florida Statutes]; (b) 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]; -(c) Any agent, solicitor, or adjuster who, not being lawfully entitled thereto, either _temporarily or permanently diverts OL appropriates such funds or any portion thereof to his or her own use or deprives | the other person of a benefit therefrom. [Section 626. 561(3), Florida Statutes); (d) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; (e) Demonstrated lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or permit. {Section 626.611(8), Florida Statutes]; (f) Fraudulent or dishonest practices in the conduct of business under the license or permit. [Section 626.611(9), Florida Statutes]; (g) 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]; : (h) Violation of any provision of the Florida Insurance 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]; (i) 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]; (3) "Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; (k) Demonstrated lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or permit. [Section 626.611(8), Florida Statutes]; COUNT II 13. The above General Allegations numbered one through five are hereby realleged and fully incorporated herein by reference. 14. On or about November 9, 1998, Sergio Bello went to Sun Tropic for the purpose of insuring his home. An employee of Sun Tropic, by the name of Susie Garcia, filled out the application and quoted him a premium of $365.00 for homeowners insurance coverage. Another Sun Tropic employee/agent named Yamilet Beltran signed the insurance application. Mr. Bello paid the premium in full by check. 15. Later, Mr. Bello received a letter from the FRPCJUA dated December 9, 1998 advising him that his insurance coverage was null and void because agent Yamilet Beltran did not have the proper appointment with them. : 16. Mr. Bello called you, DAYAMI QUETGLES, regarding this transaction and went again to the Sun Tropic office to sign another application. Once again Mr. Bello received a letter from FRPCJUA dated January 28, 1999 advising him there there was a cancellation notice effective February 16, 1999. Mr. Bello was further advised that he had a balance due of $767.00 on a policy premium of $963.00 17. Mr. Bello again went to Sun Tropic and attempted to speak to you, DAYAMI QUETGLES, but neither you or any Sun Tropic employee would grant hima refund for the premium he paid on the policy until after the Department became involved in the matter. IT Is THEREFORE CHARGED that you, DAYAMI QUETGLES, have violated or are accountable under the provisions of the Florida Insurance Code that it and Rules of the Department of Insurance which constitute grounds for the suspension or revocation of your licenses and appointments as an insurance agent as fully described under Count I above. COUNT III 18. The above General Allegations numbered one through five are hereby realleged and fully incorporated herein by reference. 19. On or about February 26, 1998, Mr. and Mrs. Hurtado purchased a house and sought homeowners insurance from you, DAYAMI QUETGLES, as required by the mortgage company, Essex Home Mortgage Servicing Corporation (“Essex”}. In your presence Mr. Hurtado spoke ‘to a Sun Tropic employee named “Christina” who, after quoting a premium charge of $1,083.00 for coverage effective February 26, 1998 to February 26, 1999, added the premium amount to the closing costs for the new house. 20. Universal Land and Title of Dade Ltd. requested a certificate of insurance and paid the premium. You, DAYAMI QUETGLES, “confirmed receipt of the premium. The Hurtados never received a copy of the policy. 21. In February, 1999, when it came time to renew the insurance coverage, Mr. and Mrs. Hurtado received a letter from Essex stating not. “received any premium notice or ‘billing, although the Hurtados’ account was escrowed by it for insurance premium payments. 22. Mr. Hurtardo went to the Sun Tropic agency and received copies of a policy issued by Fortune Insurance Company (“Fortune”) showing effective dates of March 5, 1999 to March 5, 2000. However, ee later correspondence with Fortune to verify the coverage showed instead that you, DAYAMI QUETGLES, had never in fact placed a policy with Fortune. 23. It was only when you, DAYAMI QUETGLES, were confronted by the Hurtardos, that you agreed to return the premium to Essex by check number 1239 in the amount of $1,248.00. 24, The Hurtardos also received a check for $1,083.00 dated December 12, 1999 from Universal Title of Dade LTD. for the 1998-1999 premium which had been added to the closing costs on the house by the title company, but for which there was in fact no insurance coverage provided by you, DAYAMI QUETGLES. IT IS THEREFORE CHARGED that you, DAYAMI QUETGLES, 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 a general lines insurance agent: (a) Knowingly collecting as a premium or charge for insurance any sum in excess of or less than the premium or charge applicable to such insurance, in accordance with the applicable classifications and rates as filed with and approved by the department, and as specified in the policy; or, in cases when classifications, premiums, or rates ‘are not required by this code to be so filed and approved, premiums and charges in excess of or less than those specified in the policy and as fixed by the insurer. [Section 626.9541(0)2., Florida Statutes]; (b) The term “premium” means the consideration for insurance by ' whatever name called and includes any assessment, or any membership, policy, survey, inspection, service, or similar fee or charge in consideration for an insurance contract, which items are deemed to be a part of the premium. The per-policy fee authorized by section 626.916(4) is specifically included within the meaning of the term “premium.” However, the service fee imposed pursuant to section 626.9325 is excluded from the meaning of the term “premium” [Section 626.932(6), Florida Statutes]; (c) 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]; (d) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; (e) Fraudulent or dishonest practices in the conduct of business under the license or permit. [Section 626.611(9), Florida Statutes]; (f) 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]; (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 permit. [Section 626.621(2), Florida Statutes]; . (h) 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 X of this chapter, or having otherwise shown himself to be a source of injury or loss to the public. [Section 626.621(6), Florida Statutes]; (i) No person shall engage in this state in any trade practice which is defined in this part as, or determined pursuant to s. 626.951 or s. 626.9561 to be, an unfair method of competition or an unfair or deceptive act or practice involving the business of insurance. [Section 626.9521, Florida Statutes]. WHEREFORE, you, DAYAMI QUETGLES, 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 penalties as may be provided under the provisions of Sections 626.611, 626.621, 626.681, 626.691, 626.692, 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 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 | | | | emanate 2S A a a SS UE: ER EAN ere eee 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 in fact, if you feel that a hearing is necessary one will be conducted in Tallahassee, Florida or ce ‘Gall ‘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. 571}, 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. manne eat bass Pe Rf Cb POPE hc A nes cp seme DATED and SIGNED this 20th day of August , 2001. a KENNEY SHIPLE Deputy Insurance Commissioner ; Regneresey q Xe OF errr cog CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been furnished to: DAYAMI QUETGLES, Sun Tropic, 904 SW 67° Ave., Miami, Florida 33144-4761 and to DAYAMI . QUETGLES, 18217 NW 615* Street Place, Miami Beach, Florida 33015-5604 by Certified U.S. Mail this 20th day of wae 2001. Florida Department of Insurance Division of Legal Services 645 Larson Building 200 East Gaines Street Tallahassee, Florida 32399-0333 (850) 413-4146 . Fla. Bar No. 140945 iat anaiie ie iit a ee ae ae

Docket for Case No: 01-003739PL