Petitioner: DEPARTMENT OF INSURANCE
Respondent: RONALD OSCAR RUSSELL
Judges: CHARLES C. ADAMS
Agency: Department of Financial Services
Locations: Ocala, Florida
Filed: Jan. 08, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, February 28, 2002.
Latest Update: Jan. 03, 2025
Tom GALLAGH.
ay
THE TREASURER OF THE STATE OF FLORIDA
DEPARTMENT OF INSURANCE
FILED
NOV 14 2001
INTHE MATT ~ OF
RONALD OS( R RUSSELL CASE NO.:22885-01-AG
/
ADMINSITRATIVE COMPLAINT
TO: RONAI OSCAR RUSSELL Ss
2009N 2nd Ave. Ss. a
Ocala,| 32670-7135 a= =
i
RONAL OSCAR RUSSELL oo
A-1 inst nce Shop =z
1715N ne Ave. =
Ocala,! 34475-9046 -
Cat
You,R JALD OSCAR RUSSELL, are hereby notified that the Insurance
Commissione
investigation «
result of whicl
1.
RUSSELL, lic
a general line
2.
RONALD OS
f the State of Florida (“the Department’) has caused to be made an
‘our activities while licensed as an insurance agent in this state, as a
is alleged:
GENERAL ALLEGATIONS
rsuant to Chapter 626, Florida Statutes, you, RONALD OSCAR
se identification number A228772, are currently licensed in this state as
ysurance agent.
all times pertinent to the dates and occurrence referred to herein, you
R RUSSELL, were licensed in fffis state to transact such insurances.
i
TREASURER AnD
INSURANCE COMMISSIONER
Rocketed by: K i
nee ogee eee
oe oe ence ere Ree Fee
1 FRR Her rR NER ARETE ARC ERE TAREE ET ERT FI FR ST RRR REET ARE OR OER TE EE RTE NTN AIT Mere
eo Abi Ma lll eos
crores
rs a ee
a
co a oe
3.
Insurance
4.
RONALD (
Shop, Inc.
Suite 1. Oc
5.
OSCAR Rl
6.
RUSSELL,
your direct
such activit
presented.
under your
7.
herein by re
8.
charged witl
98-1402-CF
Florida.
9.
Intervention
Pursuant to Chapter 626, Florida Statutes, the Florida Department of
3 jurisdiction over your insurance licenses and appointments.
During ail times material to the allegations contained in this complaint you,
CAR RUSSELL, owned and operated Southern Casualty A-1 Insurance
sreinafter “A-1 Insurance’), an insurance agency at 7005 College Rd. ;
1, Florida.
At all times pertinent to the allegations of this complaint, you, RONALD
SELL, also held corporate officer positions with A-1 Insurance.
\s a corporate officer / director of A-1 Insurance, you, RONALD OSCAR
ew or should have known of the activities of salaried employees under
dervision and control and you were responsible and accountable for all
of the staff at the agency for the times and occurrences as hereafter
sferences to you, RONALD OSCAR RUSSELL, include persons acting
act supervision and control at the agencies described herein.
COUNT |
‘he above General Allegations are hereby reaileged and incorporated
ence.
)n or about May 7, 1998, you, RONALD OSCAR RUSSELL, were
irand Theft, a felony of the third degree, by information in Case Number
the Circuit Court of the Fifth Judicial Circuit in and for Marion County,
ubsequently, you, RONALD OSCAR RUSSELL, entered a Pre-trial
Tl) program and signed a contract wherein you admitted guilt to the
Ww
Frege ae
charges. *
July 22, 1¢
10.
insurance {
Diane Hale
IT I€
and are act
(a)
others rece
be trust fun
applicable r
insured, or:
(b)
either temp
thereof to hi
[Section 62€
(c)
of insurance
(d)
competence
626.611(8),
‘(e)
license or pe
!, RONALD OSCAR RUSSELL, completed the terms of the PTI contract in
The Grand Theft charges arose from the mishandling of premium
ds received from Thuy T. Williams, Tammara Poore, Loretta Johnson,
id John Kane.
4EREFORE CHARGED that you, RONALD OSCAR RUSSELL, violated
Intable under the following provisions of the Florida Insurance Code:
All premiums, return premiums, or other funds belonging to insurers or
d by an agent, solicitor, or adjuster in transactions under his license shall
So received by the licensee in a fiduciary capacity; and the licensee in the
ular course of business shall account for and pay the same to the insurer,
er person entitled thereto. [Section 626.561(1), Florida Statutes];
\ny agent, solicitor, or adjuster who, not being lawfully entitled thereto,
rily or permanently diverts or appropriates such funds or any portion
1 her own use or deprives the other person of a benefit therefrom.
31(3), Florida Statutes];
'emonstrated lack of fitness or trustworthiness to engage in the business
Section 626.611(7), Florida Statutes];
emonstrated lack of reasonably adequate knowledge and technical
engage in the transactions authorized by the license or permit. [Section
rida Statutes]; .
‘audulent or dishonest practices 3 in the conduct of business under the
it. [Section 626.611(9), Florida Statutes];
v5)
meme ee pw eg
cilia sai ok Eee ee ee a
(f)
to insurers
under the |i
(g)
of the depa
Florida Stat
(h)
law applical
appointmen
(i)
or has repre
626.621(4),
11.
incorporatec
12.
9781 in the:
payment on
13.
home. The
During the si
stated to Ms.
Summit unle:
Misappropriation, conversion, or unlawful withholding of moneys belonging
insureds or beneficiaries or to others and received in conduct of business
ase. [Section 626.611(10), Florida Statutes}:
Nillful failure to comply with, or willful violation of, any proper order or rule
lent or willful violation of any provision of this code. [Section 626.611(13),
2s],
fiolation of any provision of the Florida Insurance Code or of any other
to the business of insurance in the course of dealing under the license or
[Section 626.621(2), Florida Statutes};
‘ailure or refusal, upon demand, to pay over to any insurer he represents
nted any money coming into his hands belonging to the insurer. [Section
yrida Statutes].
COUNT Ii
he above General Allegations are hereby realleged and fully
3rein by reference.
'n or about September 11, 1997, Thuy T. Williams wrote check number
ount of $835.00 made payable to A-1 Insurance Shop for a down
“ homeowners insurance on her mobile home.
s. Williams was only interested in a homeowners policy for her mobile
jinal premium quoted by you, Ronald Oscar Russell, was $760.00.
itation of the homeowners policy, you, RONALD OSCAR RUSSELL,
illiams that she could not obtairfhomeowners insurance with American
she also purchased a Homeowners / Renters Services Contract for an
JSPR ER mem RRR NT IIe ore
co
additional ;
that she he
However, y
required to
14.°
Insurance (
Nations Ho
Insurance v
15.
Ms. William
service con
manner, to
OSCAR RU
ITIS
and are acc
(a)
others recei
be trust func
applicable re
insured, or ¢
(b)
either tempc
mium of $75.00. Ms. Williams advised you, RONALD OSCAR RUSSELL,
ust purchased a new mobile home and did not need the service contract.
, RONALD OSCAR RUSSELL, again stated that Ms. Williams was
rchase the service contract.
4, RONALD OSCAR RUSSELL, falsely stated that American Summit
npany required Ms. Williams to purchase the service contract issued by
‘owners’ plan. The actual cost of the American Summit Homeowners
+ $678.00.
fou, RONALD OSCAR RUSSELL, when advised in November 1997 of
demand for a refund of the excess premium paid and the $75 for the
st she did not want, you, RONALD OSCAR RUSSELL, failed, in a timely
ind the money owed. On or about February 3, 1998, you, RONALD
‘ELL, finally refunded Ms. Williams the funds owed her.
{EREFORE CHARGED that you, RONALD OSCAR RUSSELL, violated
ttable under the following provisions of the Florida Insurance Code:
ll premiums, return premiums, or other funds belonging to insurers or
1 by an agent, solicitor, or adjuster in transactions under his license shall
30 received by the licensee in a fiduciary capacity; and the licensee in the
tlar course of business shall account for and pay the same to the insurer,
3r person entitled thereto. [Section 626.561(1), Florida Statutes];
ny agent, solicitor, or adjuster who, not being lawfully entitled thereto,
‘ily or permanently diverts or appropriates such funds or any portion
RRIF oC te grey opps +
thereof to F
[Section 62
(c)
of insuranc:
(d)
competenc:
626.61 1(8),
(e)
license or p
(f)
to insurers ¢
under the lic
(g)
of the depar
Florida Stati
(h)
law applicak
appointment
(i)
or has repre
626.621(4),
{)
methods of ¢
or her own use or deprives the other persori of a benefit therefrom.
161(3), Florida Statutes];
Jemonstrated lack of fitness or trustworthiness to engage in the business
[Section 626.611(7), Florida Statutes];
Jemonstrated lack of reasonably adequate knowledge and technical
» engage in the transactions authorized by the license or permit. [Section
srida Statutes];
‘raudulent or dishonest practices in the conduct of business under the
rit. [Section 626.611(9), Florida Statutes];
fisappropriation, conversion, or unlawful withholding of moneys belonging
ysureds or beneficiaries or to others and received in conduct of business
se. [Section 626.611(10), Florida Statutes];
Villful failure to comply with, or willful violation of, any proper order or rule
ant or willful violation of any provision of this code. [Section 626.611(13),
3];
iolation of any provision of the Florida Insurance Code or of any other
to the business of insurance in the course of dealing under the license or
Section 626.621(2), Florida Statutes];
ailure or refusal, upon demand, to pay over to any insurer he represents
ited any money coming into his hands belonging to the insurer. [Section
rida Statutes].
the conduct of business under ‘the license or permit, engaging in unfair
ipetition or in unfair or deceptive acts or practices, as prohibited under
part X of th
to the publi
(k) B
this part as
of competit
insurance. |
(I)
circulated, :
comparison
insurance p
(m)
the public, c
circulated, ¢
1.
2.
(n)
chapter, or having otherwise shown himself to be a source of injury or loss
Section 626.621(6), Florida Statutes]
derson shall engage in this state in any trade practice which is defined in
‘determined pursuant to s. 626.951 or s.626.9561 to be, an unfair method
or an unfair or deceptive act or practice involving the business of
‘ction 626.9521, Florida Statutes]