Petitioner: DEPARTMENT OF INSURANCE
Respondent: RICHARD DAY
Judges: CHARLES C. ADAMS
Agency: Department of Financial Services
Locations: Jacksonville, Florida
Filed: Jan. 04, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, March 21, 2002.
Latest Update: Jan. 13, 2025
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ya 8 OCT 26 200
THE TREASURER OF THE STATE.OF FLORIDA
DEPARTMENT OF INSURANCE: Troesuror ang
MiRLD Vac
Tom GALLAGHER Ao \ ANGS Doerr Commisslaner
IN THE MATTER OF:
CASE NO. 42960-01-AG
RICHARD DAY
/
ADMINISTRATIVE COMPLAINT
TO: RICHARD DAY
820 Brookstone Court
Jacksonville, Florida 32259
RICHARD DAY
P.O. Box 19069
Jacksonville, Florida 32246
You, RICHARD DAY, are hereby notified that pursuant to Chapter 626, Florida Statutes,
the Insurance Commissioner of the State of Florida, has caused to be made an investigation of
your activities while licensed as an insurance agent in this state, as a result of which it is alleged:
GENERAL ALLEGATIONS
1. You, RICHARD DAY, are currently licensed in the state as a life, health, and
variable annuity contracts salesman, life and health insurance agent, and health insurance agent.
2. At all time pertinent to the dates and occurrences referred to in this
Administrative Complaint you, RICHARD DAY, were licensed as an insurance agent in this
state.
COUNT I
3. Paragraphs one through two are realleged and incorporated herein by reference.
—
4. On or about March 9, 2000, you, RICHARD DAY, solicited and sold to Clara F.
Hepner of Jacksonville, Florida, a John Hancock Insurance Company long term care insurance
policy, which she desired to purchase.
5. You, RICHARD DAY, represented to Clara F. Hepner that the long term care
insurance policy would have a 100 day elimination period which was what she desired to
purchase.
6. You, RICHARD DAY, without Clara F. Hepner’s knowledge or informed
consent, changed the elimination period on the insurance policy to 180 days. You, RICHARD
DAY, without Clara F. Heppner’s knowledge or informed consent, submitted the form amending
to the policy to the insurer with the false signature of Clara F. Heppner fraudulently affixed
thereto.
7. Clara F. Heppner would not have purchased the policy if she had been made
aware that the policy would have a 180 day elimination period. You, RICHARD DAY, were
aware of these facts.
IT IS THEREFORE CHARGED that you, RICHARD DAY, have violated or are
accountable under the following provisions of the Florida Insurance Code and Rules of the State
Treasurer and Insurance Commissioner which constitute grounds for the suspension or
revocation of your insurance licenses and eligibility for licensure:
(a) Willful misrepresentation of any insurance policy or annuity contract or willful
deception with regards to any such policy or contract. {Section 626.611(5), Florida Statutes};
(b) | Demonstrated lack of fitness or trustworthiness to engage in the business of
insurance. [Section 626.611(7), Florida Statutes];
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(c) Demonstrated lack of reasonable adequate knowledge and technical competence
to engage in the transactions authorized by the license or appointment. [Section 626.611(8),
Florida Statutes.
(d) Fraudulent or dishonest practices in the conduct of business under the license or
permit. [Section 626.611(9), Florida Statutes];
(e) False statements and entries. —
1. Knowingly:
a. Filing with any supervisory or other public official,
b. Making, publishing, disseminating, circulating,
c. Delivering to any person,
d. Placing before the public,
e. Causing, directly or indirectly, to be made, published, disseminated, circulated,
delivered to any person, or placed before the public, any false material statement.
[Section 626.9541(1)(e)f, Florida Statutes].
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 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
3
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 formal adversarial proceeding pursuant to Sections 120.569 and 120.57(1), Florida
Statutes. If you request this type of proceeding, the request must comply with all of the
requirements of Rule 28-106, F.A.C. and contain
a) A statement identifying with particularity the allegations of the
Department which you dispute and the nature of the dispute;
b) An explanation of what relief you are seeking and believe you are entitled
to;
c) Any other information which you contend is material.
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These proceedings are held before a State administrative law judge of the Division of
Administrative Hearings. Unless the majority of witnesses are located elsewhere the Department
will request that the hearing be conducted in Tallahassee.
If you request a hearing, you have the right to be represented by counsel, or other
qualified representative, to take testimony, to call and cross-examine witnesses, and to have
subpoena and subpoena duces tecum issued on your behalf.
You are hereby notified that mediation under Section 120.573, Florida Statutes, is not
available. Failure to follow the procedure outlined with regard to your response to this notice
may result in the request being denied. All prior correspondence in this matter shall be
considered freeform agency action, and no such correspondence shall operate as a valid request
for an administrative proceeding. Any request for administrative proceeding received prior to
the date of this notice shall be deemed abandoned unless timely renewed in compliance with the
guidelines as set out above.
DATED and SIGNED this_26th _dayof ___Octoher __, 2001.
.
VA
N\ y
KENNEY SHIPLEY
Deputy Insurance Commissioner
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CERTIFICATE OF SERVICE
THEREBY CERTIFY that a true and correct copy of the foregoing Administrative
Complaint was mailed by certified mail to: Richard Day, 820 Brookstone Court, Jacksonville,
FL 32259, Richard Day, P.O. Box 19069, Jacksonville, FL 32246 on this 26th day of
October , 2001.
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( James A. BOSSART, ESQUIRE”
ivision of Legal Services
an Larson Building
Tallahassee, FL 32399-0333
(850) 413-4124
ae
Docket for Case No: 02-000066PL
Issue Date |
Proceedings |
Mar. 21, 2002 |
Order Closing File issued. CASE CLOSED.
|
Mar. 20, 2002 |
Motion to Relinquish Jurisdiction (filed by Petitioner via facsimile).
|
Feb. 05, 2002 |
Notice of Filing, Affidavit of Service, Subpoena Duces Tecum C. Heppner filed.
|
Feb. 04, 2002 |
Notice of Propounding Respondent`s First Set of Expert Interrogatories to Petitioner filed.
|
Jan. 30, 2002 |
Subpoena Duces Tecum, R. Della Porta filed.
|
Jan. 30, 2002 |
Notice of Filing, Affidavit of Service filed by R. Day.
|
Jan. 29, 2002 |
Notice of Taking Deposition Duces Tecum, C. Heppner filed.
|
Jan. 25, 2002 |
Order of Pre-hearing Instructions issued.
|
Jan. 25, 2002 |
Notice of Hearing issued (hearing set for March 25, 2002; 10:00 a.m.; Jacksonville, FL).
|
Jan. 18, 2002 |
Joint Response to Initial Order filed.
|
Jan. 10, 2002 |
Initial Order issued.
|
Jan. 04, 2002 |
Administrative Complaint filed.
|
Jan. 03, 2002 |
Letter to Judge Smith from W. Hampton requesting subpoenas enclosing subpoena duces tecum without deposition filed.
|
Dec. 17, 2001 |
Answer and Affirmative Defenses to Administrative Complaint and Demand for Formal Adversarial Proceeding filed.
|
Dec. 17, 2001 |
Agency referral filed.
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