yon FILED Cop THE TREASURER OF THE statéde BSORIDA, DEPARTMENT OF INSURANCE" ‘05 Tom GALLAGHER MERE JUN 7 2002 Treasurer and insurance Com er IN THE MATTER OF: Docketed by: CASE NO. : 61436-02-AG MARLENE M. GOMEZ ADMINISTRATIVE COMPLAINT TO: MARLENE M. GOMEZ 1520 SW 82™ Avenue Miami, Florida 3314-5244 MARLENE M. GOMEZ New Generation Insurance Group 21 Ponce De Leon Blvd. Coral Gables, Florida 331 35-1031 You, MARLENE M. GOMEZ, are hereby notified that 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 and as a result of which it is alleged: GENERAL ALLEGATIONS 1. Pursuant to Chapter 626, Florida Statutes, you, MARLENE M. GOMEZ, are currently licensed in this State as a residential property and casualty joint underwriters association (0-17) agent; a general lines (2-20) agent and a health (2-40) agent. Pursuant to Chapter 642, Florida Statutes, you are licensed as a legal expense (2-56) agent. Your license identification number is A099717. 2. Pursuant to Chapters 626 and 642, Florida Statutes, the Florida Department of Insurance (hereinafter referred to as the “Department”) has jurisdiction over your license and appointments. 3. At all times relevant to the dates and occurrences referenced herein New Generation Insurance Group Inc., whose principal address is 21 Ponce De Leon, Coral Gables, Florida 33135, (hereinafter referred to as “New Generation”) is an insurance agency and corporation registered under the laws of the State of Florida engaged in the business of selling insurance to consumers in this State. 4. At all time material hereto you, MARLENE M. GOMEZ, were and still are a corporate officer and director of New Generation. 5. At all times relevant to the dates and occurrences referenced herein you, MARLENE M. GOMEZ, were the primary agent for FL No Fault, an insurance agency located at 9120 SW 40" St, Olympia Heights, Florida, 6. At all times pertinent to the dates and occurrences referred to herein, pursuant to Section 626.734, and Section 626.592, Florida Statutes, you, MARLENE M. GOMEZ, were and still are personally and fully liable and accountable for any wrongful acts, misconduct, or violation of any provision of the Insurance Code committed either by you or anyone under your direct supervision and control while acting on behalf of the corporation. References to you, MARLENE M. GOMEZ, include persons acting under your direct supervision and control. 7. At all times relevant hereto, New Generation maintained bank account #2000002095914 at First Union Bank. You, MARLENE M. GOMEZ, were the only authorized signor on the account. 8. At all time material to the dates and occurrences referred to herein, New Generation, maintained bank account #003736823464 at Bank of America. You, MARLENE M. GOMEZ, were the only authorized signor on that account. 9. At all times relevant to the dates and occurrences referenced herein, New Generation, maintained bank accounts #96601741 12 and #39660174419 at Union Planters Bank. You, MARLENE M. GOMEZ, were the only authorized signor on those accounts. COUNT | 10. The above general allegations are hereby realleged and fully incorporated herein by reference. 11. Onor about May 11, 2000, Joaquin Delgado, who resides at 101 SW 33" Avenue, Miami, Florida, met with you, MARLENE M. GOMEZ, to purchase a homeowner’s insurance policy. An application was completed and Mr. Delgado gave you, MARLENE M. GOMEZ, a check in the amount of $900.72, as payment for the policy premium. You, MARLENE M. GOMEZ, failed to forward the application and premium payment to the insurer. 12. You, MARLENE M. GOMEZ, are responsible for the forwarding of insurance premium payments and applications to insurers. As a result of your failure to forward Mr. Delgado’s insurance premium payment and application to the insurer, he was left without insurance coverage that he paid for and was led to believe he had. IT IS THEREFORE CHARGED that you, MARLENE M. GOMEZ, have violated or are accountable under one or more of the following provisions of the Florida Insurance Code which constitute grounds for the suspension or revocation of your licenses as an insurance agent in this State: (a) All premiums, return premiums, or other funds belonging to insurers or others received by an agent, customer representative, solicitor, or adjuster in transactions under his or her license are trust funds received by the licensee in a fiduciary capacity. An agent shall keep the funds belonging to each insurer for which he or she is not appointed, other than a surplus lines insurer, in a separate account so as to allow the department to properly audit such funds. 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]; (b) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; (c) Demonstrated lack of reasonably 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 appointment. [Section 626.611(9), Florida Statutes]; (e) | 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 or appointment. [Section 626.61 1(10), Florida Statutes]; (f) 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 appointment. [Section 626.621(2), Florida Statutes]; (g) 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]. COUNT II 13. On or about August 28, 2001, Juana (Acosta) Carrera, who resides at 111 NW 50" Avenue, Miami, Florida, forwarded to you, MARLENE M. GOMEZ, a cahier’s check in the amount of $1,200 as payment for a hormeowner’s insurance policy premium. An application was completed and signed by you, MARLENE M. GOMEZ, but you, MARLENE M. GOMEZ, failed to forward the application and premium payment to the insurer. 14. You, MARLENE M. GOMEZ, are responsible for the forwarding of insurance premium payments and applications to insurers. As a result of your failure to forward Ms. Carrera’s insurance premium payment and application to the insurer, she was left without insurance coverage that she paid for and was led to believe she had. IT IS THEREFORE CHARGED that you, MARLENE M. GOMEZ, have violated or are accountable under one or more of the following provisions of the Florida Insurance Code which constitute grounds for the suspension or revocation of your licenses as an insurance agent in this State: (a) Sections, 626.561(1), 626.611(5), 626.611(7), 626.611(8), 626.611(9), 626.611(10), 626.621(2) and 626.621(12), Florida Statutes, which are more fully set forth in Count I above and fully incorporated herein by reference. COUNT II 15. The above general allegations are hereby realleged and fully incorporated herein by reference. 16. On or about February 13, 2001, Ist Nationwide Mortgage Company disbursed a payment in the amount of $1,137.48, check #757514192, to New Generation. The disbursement was to pay for a homeowner’s insurance policy, # TPDRHO00079401, for Enrique M. Legra and Esperanza C. Quintera, 4409 East 9" Lane, Hialeah, Florida. This check was deposited into New Generation’s account #2000002095914 at First Union Bank, but the payment was never forwarded to the insurer. 17. You, MARLENE M. GOMEZ, are responsible for the forwarding of insurance premium payments and applications to insurers. As a result of your failure to forward the insurance premium payment for policy # TPDRHO00079401 to the insurer, Enrique M. Legra and Esperanza C. Quintera were left without insurance coverage that they paid for and were led to believe they had. IT IS THEREFORE CHARGED that you, MARLENE M. GOMEZ, have violated or are accountable under one or more of the following provisions of the Florida Insurance Code which constitute grounds for the suspension or revocation of your licenses as an insurance agent in this State: (a) Sections, 626.561(1), 626.611(5), 626.611(7), 626.611(8), 626.611(9), 626.611(10), 626.621(2) and 626.621(12), Florida Statutes, which are more fully set forth in Count I above and fully incorporated herein by reference. COUNT IV 18. The above general allegations are hereby realleged and fully incorporated herein by reference. 19. On or about June 28, 2001, Linda J. Johnson, who resides at 12774 SW 209" Lane, Miami, Florida, went to New Generation’s office in Kendall, Florida to purchase homeowner’s insurance. She paid $1110.91 for the policy premium and an application was completed. The application and premium payment were never forwarded to the insurer. 20. You, MARLENE M. GOMEZ, are responsible for the forwarding of the insurance premium payments and applications to insurers. As a result of your failure to forward Ms. Johnson’s insurance premium payment and application to the insurer, she was left without insurance coverage that she paid for and was led to believe she had. IT IS THEREFORE CHARGED that you, MARLENE M. GOMEZ, have violated or are accountable under one or more of the following provisions of the Florida Insurance Code which constitute grounds for the suspension or revocation of your licenses as an insurance agent in this State: (a) Sections, 626.561(1), 626.611(5), 626.611(7), 626.611(8), 626.611(9), 626.611(10), 626.621(2) and 626.621(12), Florida Statutes, which are more fully set forth in Count I] above and fully incorporated herein by reference. COUNT V 21. The above general allegations are hereby realleged and fully incorporated herein by reference. 22. On or about April 11, 2000, Oscar Antonio Figueroa, who resides at 501 SW 1* Street, Miami, Florida, went to New Generation’s office in Coral Gabels, Florida to purchase automobile insurance. He paid $336 for the policy premium and an application was completed. The application and premium payment were never forwarded to the insurer. 23.. You, MARLENE M. GOMEZ, are responsible for the forwarding of the insurance premium payments and applications to insurers. As a result of your failure to forward Mr. Figueroa’s insurance premium payment and application to the insurer, he was left without insurance coverage that he paid for and was led to believe he had. IT IS THEREFORE CHARGED that you, MARLENE M. GOMEZ, have violated or are accountable under one or more of the following provisions of the Florida Insurance Code which constitute grounds for the suspension or revocation of your licenses as an insurance agent in this State: (a) Sections, 626.561(1), 626.611(5), 626.611(7), 626.611(8), 626.611(9), 626.611(10), 626.621(2) and 626.621(12), Florida Statutes, which are more fully set forth in Count I above and fully incorporated herein by reference. COUNT VI 24. The above general allegations are hereby realleged and fully incorporated herein by reference. 25. On or about February 12, 1999, Maria Sandra Barrios, who resides at 9970 SW 42™ Terrace, Miami, Florida, went to New Generation’s office in Coral Gables, Florida and met with you, MARLENE M. GOMEZ, to purchase homeowner’s insurance. Aurora Loan Services Inc., disbursed $1,525, Check # 472183, as payment for the policy premium, but the premium payment and the application were never forwarded to the insurer. 26. You, MARLENE M. GOMEZ, are responsible for the forwarding of the insurance premium payments and applications to insurers. As a result of your failure to forward Ms. Barrios’ insurance premium payment and application to the insurer, she was left without insurance coverage that she paid for and was led to believe she had. IT IS THEREFORE CHARGED that you, MARLENE M. GOMEZ, have violated or are accountable under one or more of the following provisions of the Florida Insurance Code which constitute grounds for the suspension or revocation of your licenses as an insurance agent in this State: (a) Sections, 626.561(1), 626.611(5), 626.611(7), 626.611(8), 626.61 19), 626.611(10), 626.621(2) and 626.621(12), Florida Statutes, which are more fully set forth in Count I above and fully incorporated herein by reference. COUNT VII 27. The above general allegations are hereby realleged and fully incorporated herein by reference. 28. On or about March 23, 2001, Alberta J. Conway, who resides at 1100 NW 110" Street, Miami, Florida, purchase automobile insurance from New Generation. He paid $358 for the policy premium and an application was completed. The check was deposited into New Generation’s account #2000002095914 at First Union Bank, but the premium payment and application were never forwarded to the insurer. 29. You, MARLENE M. GOMEZ, are responsible for the forwarding of the insurance premium payments and applications to insurers. As a result of ‘your failure to forward Ms. Conway’s insurance premium payment and application to the insurer, she was left without insurance coverage that she paid for and was led to believe she had. IT IS THEREFORE CHARGED that you, MARLENE M. GOMEZ, have violated or are accountable under one or more of the following provisions of the Florida Insurance Code which constitute grounds for the suspension or revocation of your licenses as an insurance agent in this State: (a) Sections, 626.561(1), 626.611(5), 626.611(7), 626.611(8), 626.61 1(9), 626.611(10), 626.621(2) and 626.621(12), Florida Statutes, which are more fully set forth in Count I above and fully incorporated herein by reference. WHEREFORE, you, MARLENE M. GOMEZ, 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 and 626.901, Florida Statutes, and under the other referenced sections of the Florida Statutes as set out in this Administrative Complaint and under the provisions of Rule Chapter 4-231, Florida Administrative Code. 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. The Department must receive your written response 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 from 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 and SIGNED this_ 724 day of 1H , 2002. KENNEY SHIPLEY Deputy Insurance Commissioner CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF RIGHTS has been furnished to MARLENE M. GOMEZ, 1520 SW 82™ Avenue, Miami, Florida 3314-5244; New Generation Insurance Company, 21 12 Ponce De Leon Blvd., Coral Gables, Florida 33135-1031 by Certified Mail this Abia, of a NM AA Ad. g 2002. Cpartment of Insurance Division of Legal Services 612 Larson Building Tallahassee, Florida 32399-033 (850) 413-4188 a | 70, us7s 1294 Las4 9583 Ma. Bar No. 318530 TO: MARLENE MARIA GOMEZ ; W GENERATION INSURANCE © 2: Article Number NE 21 PONCE DE LEON BLVD. CORAL GABLES, FL 33135-1031 7106 4575 L294 L254 457b TO:/ MARLENE MARIA GOMEZ 7106 S75 beH Lest 1583 1520 SOUTHWEST 82ND AVENU._ 3. Service Type CERTIFIED MAIL MIAMI, FL 33144-5244 4. Restricted Delivery? (Extra Fee) 1. Article Addressed to: MARLENE MARIA GOMEZ COMPLETE THIS SECTION ON DELIVERY A. Received by (Please Print Clearly) B. Date of Delivery Dagent Addressee } “if YES, enter delivery address ‘below: eference Information NEW GENERATION INSURANCE GROUP, !} :}} ' (ior 29 ; 21 PONCE DE LEON BLVD. tie: 5. A Ine? SENDER: Santurri CORAL GABLES, FL 33135-1031 June 7, 2002. REFERENCE: 61436-02-AG/AC June 7, 2002 RE: SENDER: PS Form 3800, June 2000 PS Form 3811, June 2000 Domestic Return Receipt RETURN Postage RECEIPT | Certified Fee SERVICE Return Receipt Fea Restricted Delivery Total Postage & Fees Certified Article Number Ce 7106 4575 1294 12sy 457, aaa SENDERS RECORD Do Not Use tor International Mail STATE OF FLORIDA DEPARTMENT OF INSURANCE IN THE MATTER OF: [MARLENE M. GOMEZ] Case No: [61436-02-AG] ELECTION OF PROCEEDING T 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. 1 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. E] 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: 02-002778PL