[ge (578 FC. FILED 2 MAR 14 2002 THE TREASURER OF THE STATE OF FLORIDA sneur oe Goan net DEPARTMENT OF INSURANCE Docketed by’. Tom GALLAGHER IN THE MATTER OF: CASE NO.: 43007-02-AG MARK ALAN GABLE ee ADMINISTRATIVE COMPLAINT TO: MARK ALAN GABLE . . 482 SANDY HOOK ROAD oe = TREASURE ISLAND, FL 33706 ; MARK ALAN GABLE 5051 66" STREET NORTH ST. PETERSBURG, FL 33709 You, MARK ALAN GABLE, 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 occurrences referred to herein, you, MARK. ALAN GABLE, were licensed to the state as a life (2-16), life and health (2-18), and health (2-40) insurance agent and are currently so licensed under License Number A091637. 2. Atall times pertinent to the dates and occurrences referred to herein, you, MARK ALAN GABLE, were licensed in this state as an insurance agent. 3. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Insurance has jurisdiction over your insurance licenses and appointments. COUNT I 4. The above general allegations are realleged and incorporated herein fully by reference. 5. Onor about May 2, 2001, you, MARK ALAN GABLE, consulted with Karen Napiorkowski and her mother Jean R. Storr and sold the said Jean R. Storr a home health care insurance policy issued by National States Insurance Company, Policy No. PAL-1-3934354, with an effective date of October 21, 1999, for an annual premium of two thousand five hundred and twenty dollars ($2,520.00). 6. Terms and conditions of said policy, as aforesaid, provided that, among other things, a homemaker service provider could not reside at the insured’s address. Notwithstanding such policy provision, you, MARK ALAN GABLE, advised the said Karen Napiorkowski that even though she was a member of her mother’s household, residing at her mother’s address, she could nonetheless receive policy benefits as a homemaker service provider by obtaining a post office box for mail delivery and thus falsely obviating the policy prohibition provision and falsely obtaining from the insurance company daily payments as a health care provider. 7, YPIS THEREFORE CHARGED, that you, MARK ALAN GABLE, 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. Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.61 1(9), Florida Statutes]; ¢. Violation any provision of this Code or 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]; d. Inthe 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 IX 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, aiding, assisting, procuring, advising, or abetting any person in the violation of or to violate a provision of the insurance code or any order or rule of the Department. [Section 626.621(12), Florida Statutes]; f. Knowingly, causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person or place before the public, any false material statement. [Section 626.9541(1)(e), Florida Statues]. COUNT II 8. The above general allegations are realleged and incorporated herein fully by reference. 9. Onor about April 3, 1998, one Siguard G. Johnson purchased a home health care insurance policy issued by National States Insurance Company, Policy No. HHCI-0909878. Terms and conditions of said policy provided that a homemaker service provider could not reside at the insured’s address. 10. Thereafter, on or about December 3, 1999, the said Siguard G. Johnson became ill requiring homemaker services which were provided to him by one Willard L. Puffer for a period of some ten (10) days. At all times both before, during and after the said homecare services were provided by Mr. Puffer, he resided at the residence of Siguard G. Johnson. 11. Upon and after homecare services afforded by Mr. Puffer, as aforesaid, and he being aware of the home health care insurance policy owned by Siguard G. Johnson, he telephoned you, MARK ALAN GABLE, to inquire if he would qualify for payment under the said insurance policy. You, MARK ALAN GABLE, then and there informed Mr. Puffer that he should obtained a post office box in Sarasota and use that as his address which would then allow him to fraudulently file a claim with the insurance company to obtain payment otherwise prohibited by terms of the policy. 12. ITIS THEREFORE CHARGED, that you, MARK ALAN GABLE, 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 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. Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.61 1(9), Florida Statutes]; c. Violation any provision of this Code or 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]; d. Inthe 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 IX 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, aiding, assisting, procuring, advising, or abetting any person in the violation of or to violate a provision of the insurance code or any order or rule of the Department. [Section 626.621(12), Florida Statutes]; Knowingly, causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person or place before the public, any false material statement. (Section 626.9541(1)(e), Florida Statues]. 13. WHEREFORE, you, MARK ALAN GABLE, are hereby notified that the Treasurer and Insurance Commissioner intends to enter an Order suspending or revoking your licenses and eligibility for licensure as an insurance agent or to impose such lesser penalties as may be provided under the provisions of Chapter 626, 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 You have the right to request a proceeding to contest this action by the Department pursuant to sections 120.569 and 120.57, Florida Statutes, and Rule 28-107, Florida Administrative Code. The proceeding request must be in writing, signed by you, and must be filed with the Department within twenty-one (21) days of your receipt of this notice. Completion of the attached Election of Proceeding form and/or a petition for administrative hearing will suffice as a written request. The request must be filed with the General Counsel as acting Agency Clerk, at the Florida Department of Insurance, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0333. Your written response must be received by the Department no later than 5:00 p.m. on the twenty-first day after your receipt of this notice. Mailing the response on the twenty-first day will not preserve your right to a hearing. YOUR FAILURE TO RESPOND IN WRITING WITHIN TWENTY-ONE (21) DAYS OF YOUR RECEIPT OF THIS NOTICE 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 you request a proceeding, you must provide information that complies with the requirements of Rule 28-107.004, Florida Administrative Code. As noted above, completion of the attached Election of Proceeding form conforms to these requirements. Specifically, your response must contain: (a) The name and address of the party making the request, for purpose of service; (b) A statement that the party is requesting a hearing involving disputed issues of material fact, or a hearing not involving disputed issues of material fact; and (c) A reference to the notice, order to show cause, administrative complaint, or other communication that the party has received form the agency. If a hearing of any type is requested, you have the right to be represented by counsel or other qualified representative at your expense, to present evidence and argument, to call and cross-examine witnesses, and to compel the attendance of witnesses and the production of documents by subpoena. If a proceeding is requested and there is no dispute of material fact, the provisions of section 120.57(2), Florida Statutes, apply. In this regard, you may submit oral or written evidence in opposition to the action taken by the Department or a written statement challenging the grounds upon which the Department 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. However, if you dispute material facts which are the basis for the Department’s action, you must request an adversarial proceeding pursuant to sections 120.569 and 120.57(1), Florida Statutes. 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, Florida. Failure to follow the procedure outlined with regard to your response to this notice may result in the request being denied. All prior oral communication or correspondence in this matter shall be considered freeform agency action, and no such oral communication or correspondence shall operate as a valid request for an administrative proceeding. Any request for an 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. Mediation of this matter pursuant to section 120.573, Florida Statutes, is not available. No Department attorney will discuss this matter with you until the response has been received by the Department of Insurance. DATED this 14 __ day of MARCH , 2002 LK Glighing Deputy Insurance Commissioner we j uw % MQ. gr? op van CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing has been furnished to MARK ALAN GABLE by USS. Certified Mail to this 14 day of MARCH , 2002. LEZ DEAN ANDREW Fla. Bar No.: 0001959 Florida Department of Insurance Division of Legal Services 612 Larson Building 200 East Gaines Street Tallahassee, Florida 32399-0333 (850) 413-4242 STATE OF FLORIDA DEPARTMENT OF INSURANCE G2 APR -3 PH Le hg IN THE MATTER OF: MARK ALAN GABLE Case No: 43007-02-AG (MI! / ite ELECTION OF PROCEEDING I have received and have read the Notice of the ADMINISTRATIVE COMPLAINT filed against me, including the Notice of Rights contained therein, and I understand my options. I am requesting disposition of this matter as indicated below. (Choose one) 1 [J I do not dispute any of the Department’s factual allegations and I do not desire a hearing. | understand that by waiving my right to a hearing, the Department may enter a final order that adopts the Administrative Complaint and imposes the sanctions sought, including revoking my licenses and appointments as may be appropriate. 2. I do not dispute any of the Department's factual allegations and I hereby elect a proceeding to be conducted in accordance with section 120.57(2), Florida Statutes. In this regard, I desire to (Choose one): { ] Submit a written statement and documentary evidence in lieu of a hearing; or [ ] Personally attend a hearing conducted by a department hearing officer in Tallahassee; or [ ] Attend that same hearing by way of a telephone conference call. 3.[] I do dispute one or more of the Department's factual allegations. I hereby request a hearing pursuant to section 120.57(1), Florida Statutes, to be held before the Division of Administrative Hearings. TO PRESERVE YOUR RIGHT TO A HEARING, YOU MUST FILE YOUR RESPONSE WITH THE DEPARTMENT OF INSURANCE WITHIN TWENTY-ONE (21) DAYS OF YOUR RECEIPT OF THE ADMINISTRATIVE COMPLAINT. THE RESPONSE MUST BE RECEIVED BY THE DEPARTMENT NO LATER THAN 5:00 P.M. ON THE TWENTY-FIRST DAY AFTER YOUR RECEIPT OF THE ADMINISTRATIVE COMPLAINT. The address for filing is: General Counsel as acting agency clerk, Florida Department of Insurance, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0333. Signature Print Name Date: Address: Phone No.:

Docket for Case No: 02-001340PL