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]