FILED NOV 26 2007 THE TREASURER OF THE STATE OF FLORIDA DEPARTMENT OF INSURANCE Treasurer and Tom GALLAGHER . insurance Commissioner Docketed by: <7 IN THE MATTER OF: CASE NO.:; 62337-02-AG GERARD DEVOY HARRIS 0 ») . Y7 SO PL ADMINISTRATIVE COMPLAINT TO: GERARD DEVOY HARRIS 2514 Georgetown Lane Ft. Walton Beach, FL 32547 GERARD DEVOY HARRIS Harris Insurance Agency 124 Miracle Strip Parkway Ft. Walton Beach, FL 32548 You, GERARD DEVOY HARRIS, 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 and occurrences referred to herein, you, GERARD DEVOY HARRIS, License #A112018, were licensed in this state as a General Lines Agent (Prop. & Cas. Ins.) (2-20). 2. At all times pertinent to the dates and occurrences referred to herein, you, GERARD DEVOY HARRIS, 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. 4. At all times pertinent to this matter, you, GERARD DEVOY HARRIS, were employed at Harris Auto Insurance Agency in Pensacola, Florida. COUNT I 5. The above general allegations are realleged and incorporated here and fully by reference. 6. On or about February 23, 2001, Mertz B. Goodwin went to Harris Auto Insurance Agency to renew the automobile insurance on his 1989 Chevrolet, 1990 Chevrolet pick up, and 1990 Dodge Grand Wagon. 7. Mr. Goodwin gave a down payment of $221.00 and the insurance was placed with Illinois National Insurance at a total annual premium of $924.00. However, Illinois National Insurance only received $191.00 of the $221.00 down payment made by Mr. Goodwin. 8. Mr. Goodwin eventually received notice from Illinois National Insurance that more annual premium was due. He attempted to resolve this billing problem, but could not. He therefore filed a complaint with the Insurance Department. 9. Mr. Goodwin learned that $30.00 of his money was used as a down payment to pay for a motor club membership written through Statewide Travel Services. 9. Mr. Goodwin did not know he had purchased the motor club membership, nor did he give consent to any such purchase. 10. You, GERARD DEVOY HARRIS, willfully ignored the wishes of Mr. Goodwin and without his consent took $30.00 of Mr. Goodwin’s money to pay for membership that he did not want. nN 11. ITIS THEREFORE CHARGED, that you, GERARD DEVOY HARRIS, have violated and 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) Knowingly making a false or fraudulent written or oral statement or representation on, or relative to, an application or negotiation for an insurance policy for the purpose of obtaining a fee, commission, money, or other benefit from any insurer, agent, broker, or individual. [Section 626.9541(1)(k)Q), Florida Statutes]; (b) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.61 1(7), Florida Statutes]; (c) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), Florida Statutes]; (d) Willful misrepresentation of any insurance policy or annuity contract or willful deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising. [Section 626.611 (5), Florida Statutes]; (e) 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]; (f) Charging an applicant for a specific ancillary coverage or product, in addition to the cost of the motor vehicle insurance coverage applied for, without the informed consent of the applicant. [Section 626.9541 (z) (3), Florida Statutes] COUNT II 12. The above general allegations are realleged and incorporated here and fully by reference. 13. In or about October, 2000, Allison Irby went to Harris Insurance Agency and changed her automobile insurance from Metropolitan to New Hampshire Indemnity. The Metropolitan policy had towing and rental reimbursement on it. Ms. Irby told you, GERARD DEVOY HARRIS, that she wanted the exact same coverage she had with Metropolitan on the New Hampshire Indemnity policy. 14, On or about June 3, 2001, a friend of Ms. Irby had an accident using Ms. Irby’s car. When Ms. Irby reported the claim to New Hampshire Indemnity, Ms. Irby learned she had towing, but did not have rental reimbursement. 15. Ms. Irby called Harris Insurance Agency and spoke with you, GERARD DEVOY HARRIS, concerning her policy. You told Ms. Irby that you would fax the endorsement right over to New Hampshire Indemnity. 16. After trying numerous times to get this problem resolved, Ms. Irby was finally told by a Harris Agency employee that the policy she had did not have rental reimbursement. Instead she had been signed up for a motor club membership with Statewide Travel Services where she was allowed a rental car for three days at $5.00 a day. 17. Ms. Irby had no idea that she had purchased a motor club membership, nor did she give any consent for such a purchase. 18. As agent of record, Ms. Irby relied on you, GERARD DEVOY HARRIS, to purchase the insurance she requested. You willfully disregarded her wishes and instead enrolled her in a motor club membership program without her informed consent. 19. ITIS THEREFORE CHARGED, that you, GERARD DEVOY HARRIS, have violated and 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) Knowingly making a false or fraudulent written or oral statement or representation on, or relative to, an application or negotiation for an insurance policy for the purpose of obtaining a fee, commission, money, or other benefit from any insurer, agent, broker, or individual. [Section 626.9541(1)(k)(), Florida Statutes]; (b) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.61 1(7), Florida Statutes]; (c) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.61 1(9), Florida Statutes]; (d) Willful misrepresentation of any insurance policy or annuity contract or willful deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising. [Section 626.611 (5), Florida Statutes]; (e) 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]; (f) Charging an applicant for a specific ancillary coverage or product, in addition to the cost of the motor vehicle insurance coverage applied for, without the informed consent of the applicant. [Section 626.9541 (z) (3), Florida Statutes] WHEREFORE, you, GERARD DEVOY HARRIS, 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) Astatement 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 _ 26th day of__November , 2002. KAREN CHANDLER 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: Gerard Devoy Harris, 2514 Georgetown Lane, Ft. Walton Beach, Ft. Walton Beach 32547; Gerard Devoy Harris, Harris Insurance Agency, 124 Miracle Strip Parkway, Ft. Walton Beach, FL 32548 by Certified Mail this 26th day of November , 2002. DAVID BUSC Florida Bar Number 0140945 Division of Legal Services 612 Larson Building 200 East Gaines Street Tallahassee, Florida 32399-033 Phone: Fax:

Docket for Case No: 02-004780PL