DA- 3S o : FILED DEC 26 2001 Ingurance Com: THE TREASURER OF THE STATE OF FLORIDA Docketed by: DEPARTMENT OF INSURANCE TOM GALLAGHER IN THE MATTER OF: CHRISTINE LYNN CROWLEY CASE NO. : 43596-01-AG / ADMINISTRATIVE COMPLAINT TO: Christine Lynn Crowley 7007 NW 9th Terrace Tamarac, Florida 33321-3048 Christine Lynn Crowley 6828 West Atlantic Boulevard Margate, Florida 33063-5045 You, CHRISTINE LYNN CROWLEY, license I.D. #A058505, are hereby notified that the Insurance Commissioner of the State of Florida, through his designee, 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, you, CHRISTINE LYNN CROWLEY, are currently licensed in this state as a life agent (2-16), a health agent (2-40), a life and health agent (2-18), and a general lines agent (2-20). 2. At all times pertinent to the dates and occurrences referred to herein, you, CHRISTINE LYNN CROWLEY, were licensed in this state as a life agent, a health agent, a life and health agent, and a general lines agent. 3. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Insurance (hereinafter referred .to as “Department”) has jurisdiction over your insurance license and appointments. 4. At all times relevant to the dates and occurrences referred to herein you, CHRISTINE LYNN CROWLEY, were an agent of Alexander Insurance Brokers, an insurance agency located and doing business in Margate, Florida. 5. At all times relevant to the dates and occurrences referred to herein Alexander Insurance Brokers was a party to a sub-agency agreement between Alexander Insurance Brokers and Space Coast Underwriters Insurance Agency, Inc., a licensed managing general agent. 6. At all times relevant to the dates and occurrences referred to herein you, CHRISTINE LYNN CROWLEY, were the individual guarantor and individual indemnitor of the sub-agency agreement between Space Coast Underwriters Insurance Agency, Inc. and Alexander Insurance Brokers. 7. At all times relevant to the dates and occurrences referred to herein, all funds received by you, CHRISTINE LYNN CROWLEY, from consumers or on behalf of consumers representing premiums for insurance policies, were trust funds pursuant to Section 626.561(1), Florida Statutes, and were received in a fiduciary capacity and were to be accounted for and paid over to the insurer, insured or other persons entitled thereto in the regular course of business. COUNT I 8. The above general allegations are hereby realleged and fully incorporated herein by reference. 9. You, CHRISTINE LYNN CROWLEY, failed to remit a total of four thousand one hundred eight dollars and forty-five cents ($4,108.45) worth of insurance policy premiums which you, CHRISTINE LYNN CROWLEY, had collected from insureds on behalf of Space Coast Underwriters Insurance Agency, Inc., and failed to remit to Space Coast Underwriters Insurance Agency, Inc. 10. As of the date of the filing of this Administrative Complaint, you, CHRISTINE LYNN CROWLEY, still have an outstanding debt of four thousand one hundred eight dollars and forty-five cents ($4, 108.45) owed to Space Coast Underwriters Insurance Agency, Inc. 11. As of the date of the filing of this Administrative Complaint, you, CHRISTINE LYNN CROWLEY, have failed to satisfy the Final Consent Order dated March 7, 2001, handed down against you and Alexander Insurance Brokers by the County Court in and for Brevard County, Florida, ordering you to pay four thousand one hundred eight dollars and forty-five cents ($4, 108.45) with prejudgment interest of three hundred seven dollars and seventy two cents ($307.72) to Space Coast Underwriters Insurance Agency, Inc. IT IS THEREFORE CHARGED that you, CHRISTINE LYNN CROWLEY, 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 license and appointments: (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) If the license or appointment is willfully used, or to be used, to circumvent any of the requirements or prohibitions of this code. [Section 626.611(4), Florida Statutes]; (c) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), 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 626.611(10), Florida Statutes. ]; (f) Willful failure to comply with, or willful violation of, any proper order or rule of the Department or willful violation of any provision of this code. [Section 626.611(13), Florida Statutes]; (g) 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]; (h) In the conduct of business under the license or permit, engaging in unfair methods of competition or in unfair or deceptive acts or practices, as prohibited under part X of Chapter 626, Florida Statutes, 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]. WHEREFORE, you, CHRISTINE LYNN CROWLEY, 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, 626.692, and 626.9521, Florida Statutes, and under the other referenced sections of the Florida Statutes as set out in this Administrative Complaint. 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 a 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 Gaines Street, Tallahassee, Florida 32399-0300. 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. 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 a hearing is requested, you have the right to be represented by counsel, or other qualified representative, to take testimony, to call and to 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. 2oth — day of DECEMBER » 2001. DATED and SIGNED this. WEE ,™ ee ety, N I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF RIGHTS has been furnished to: Christine L. Crowley, 7007 NW 9th Terrace, Tamarac, Florida 33321-3048; Christine L. Crowley, 6828 West Atlantic Boulevard, Margate, Florida 33063-5045, by Certified Mail this_26th day of___ DECEMBER _, 2001, Lop yl Cee om as Matthew A. Nowéls Division of Legal Services 612 Larson Building 200 East Gaines St. Tallahassee, Florida 32399-0333 (850) 413-4170 DEPARTMENT OF INSURANCE DIVISION OF LEGAL SERVICES IN THE MATTER OF: CHRISTINE LYNN CROWLEY CASE NO. 43596-01-AG ELECTION OF RIGHTS Ihave received and have read 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. I do not desire a proceeding. The Department may enter a final order revoking my license(s). 2. I do not dispute any of the Department’s factual allegations and I hereby elect an informal proceeding to be conducted in accordance with section 120.57(2), Florida Statutes. In this regard I desire to (Choose One): . C1 submit a written statement and documentary evidence; ] attend an informal hearing to be held in Tallahassee; or (_] attend an informal hearing by way of a telephone conference call. 3. C1 Ido dispute the Department’s factual allegations. I have attached to this form a statement indicating the specific issues of fact which are disputed and other required information indicated in the Notice of Rights. I hereby request a formal adversarial proceeding pursuant to sections 120.569 and 120.57(1), Florida Statutes, to be held before the Division of Administrative Hearings. DATE: Signature of Petitioner TO PRESERVE YOUR RIGHT TO A Name: PROCEEDING, YOU MUST RETURN THIS FORM WITHIN TWENTY-ONE Address: (21) DAYS OF RECEIPT TO THE DEPARTMENT OF INSURANCE AT THE ADDRESS INDICATED IN THE NOTICE OF RIGHTS. Phone:

Docket for Case No: 02-003581PL