THE TREASURER OF THE STATE OF FLORIDA DEPARTMENT OF INSURANCE TOM GALLAGHER NOV 25 2002 Treasurer and Insurance Co loner Oocketed by: IN THE MATTER OF: PATRICIA LYNN MCWHIRT CASE NO. : 61346-02-AG / 0% -01Y4FL Bay e Tm ei a ae ADMINISTRATIVE COMPLAINT rin ON aq “tT TO: PATRICIA LYNN MCWHIRT + 315 E 137th Avenue Tampa, Florida 33613-3202 You, PATRICIA LYNN MCWHIRT 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, PATRICIA LYNN MCWHIRT, are currently licensed in this state as a general lines (2-20) agent. Your license identification number is A174981. 2. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Insurance 7 (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, Karen and Michael Olsen were the owners of A-Ok Insurance Agencies, (hereinafter referred to as “A-Ok”) located in Tampa Florida. You, PATRICIA LYNN MCWHIRT, were the manager of the A-Ok office, which was located at 24044 S.R. 54, Lutz, Florida. COUNT I 4, The above general allegations are hereby realleged and fully incorporated herein by reference. 5. On or about September 13, 2001, Cherrie Williams met with you, PATRICIA ‘ LYNN MCWHIRT, at the A-Ok office in Lutz, Florida and paid you $89 in cash as a premium payment for an endorsement adding a 1990 Chevrolet van to her motor vehicle insurance policy. 6. You, PATRICIA LYNN MCWHIRT, did not forward the down payment to an insurer nor did you deposit the payment in the agency bank account as you were required to do. As a direct result of your actions, Ms. Williams was left without insurance coverage that she paid for and was led to believe that he had. IT IS THEREFORE CHARGED that you, PATRICIA LYNN MCWHIRT, 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] nN (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 626.61 1(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) 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] COUNT II 7. The above general allegations are hereby realleged and fully incorporated herein by reference. 8. On or about August 16, 2001, Stacy Irwin of Tampa, Florida met with you, PATRICIA LYNN MCWHIRT, at the A-Ok office in Lutz, Florida and paid you, PATRICIA LYNN MCWHIRT, $194 in cash as a premium down payment for a motor vehicle insurance policy. You gave Mr. Irwin an identification card, but did not have him sign an application. 9. You, PATRICIA LYNN MCWHIRT, did not forward the payment to the insurer nor did you deposit the down payment in the agency bank account as you were required to do. As a direct result of your actions, Mr. Irwin was left without insurance coverage that he paid for and was led to believe that he had. tw IT IS THEREFORE CHARGED that you, PATRICIA LYNN MCWHIRT, 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), and 626.621(2), Florida Statutes, which are more fully set forth in Count I above and fully incorporated herein by reference. COUNT JU 10. The above general allegations are hereby realleged and fully incorporated herein by reference. 1. On or about June 4, 2001, Jeffery Pinkham of Odessa, Florida met with you, PATRICIA LYNN MCWHIRT, at the A-Ok office in Lutz, Florida. He paid you, PATRICIA LYNN MCWHIRT, $243 in cash as a premium payment for a motor vehicle insurance policy. You, PATRICIA LYNN MCWHIRT, gave Mr. Pinkham a blank application, which he signed. 12. You, PATRICIA LYNN MCWHIRT, did not forward the premium payment to the insurer nor did you deposit the payment in the agency bank account as you were required to do. As a direct result of your actions, Mr. Pinkham was left without insurance coverage that he paid for and was led to believe that he had. IT IS THEREFORE CHARGED that you, PATRICIA LYNN MCWHIRT, 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), 626.6119), 626.611(10), and 626.621(2), Florida Statutes, which are more fully set forth in Count I above and fully incorporated herein by reference. COUNT IV 13. | The above general allegations are hereby realleged and fully incorporated herein by reference. 14. On or about December 29, 2000, Mary Fahey of Tampa, Florida met with you, PATRICIA LYNN MCWHIRT, at the A-Ok office in Lutz, Florida. She paid you $1,397 as a premium payment for a motor vehicle insurance policy. 15, The actual policy premium was $1,243, which was the amount that you, PATRICIA LYNN MCWHIRT, deposited into A-Ok’s bank account and forwarded to the insurer. 16. In August, you, PATRICIA LYNN MCWHIRT, refunded $48 to Ms. Fahey, which left $106 that was owed to her for overpayment of the premium. 17. You, PATRICIA LYNN MCWHIRT, are responsible to refunding excess premium payments to consumer. You, PATRICIA LYNN MCWHIRT, collected $106 in excess premium payments from Ms. Fahey, but failed to refund the excess amount to her. IT IS THEREFORE CHARGED that you, PATRICIA LYNN MCWHIRT, 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), and 626.621(2), Florida Statutes, which are more fully set forth in Count I above and fully incorporated herein by reference. WHEREFORE, you, PATRICIA LYNN MCWHIRT, 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_ 251 day of_NovimMbe , 2002. , Laren KAREN CHANDLER Deputy Insurance Commissioner 2 var gh cata CERTIFICATE OF SERVICE ' ] HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF RIGHTS has been furnished PATRICIA LYNN MCWHIRT, 315 E 137th Avenue, Tampa, Florida 33613-3202 by Certified Mail thislStMay of Novembty2002. Florida Department of Insurance Division of Legal Services 612 Larson Building Tallahassee, Florida 32399-033 (850) 413-4188 Fla. Bar No. 318530 7260 3902 9844 7724 37b8 ' To: PATRICIA LYNN MCWHIRT 315 EAST 137TH AVENUE TAMPA, FL 33613-3202 * SENDER: _ Santurri ' REFERENCE: 61346-02-AG/AC ' November 25, 2002 4 PS Form 3800, June 2000 RETURN | Postage RECEIPT if Ce SERVICE ‘entified Fee Return Receipt Fee Restricted Delivery Certified yVatlelsy Number : Total Postage & Fees 7LLO 3901 9844 7724 37bB us Postal Service POSTMARK OR DATE SENDERS RECORD. cen for ertified Mail ' ' No Insurance Coverage Provided Do Not Use for Internationat Mali

Docket for Case No: 03-000124PL