THE TREASURER OF THE STATE OF FLORIDA F 1 L ED. DEPARTMENT OF INSURANCE Ais : Tom GALLAGHER “AUS 20 one y, eg oS Treasurer and IN THE MATTER OF: Insurance Com ner Docketed by: - CASE NO.: 43531-02-AG JAMES ANDREW DESSI OD ~ Od DY PL ADMINISTRATIVE COMPLAINT TO: JAMES ANDREW DESSI Dessi Insurance Agency 4820 Kerry Forest Parkway Suite A Tallahassee, FL 32308-2272 JAMES ANDREW DESSI 3469 Hyde Park Way Tallahassee, FL 32308-8231 You, JAMES ANDREW DESSI, license 1D. #4066854, 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, as a result of which it is alleged: GENERAL ALLEGATIONS 1. Pursuant to Chapter 626, Florida Statutes, you, JAMES ANDREW DESSI, are currently licensed in this state as a General Lines (2-20), Health (2-40), Life (2-16), Life and Health (2-18), Life and Varible Annuity (2-14) insurance agent. 2. At all times pertinent to the dates and occurrences referred to herein, you, JAMES ANDREW DESSI, 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 relevant hereto you, JAMES ANDREW DESSI, owned and/or operated, or were an officer, director, or employee of an insurance agency that did business as the Dessi Insurance Agency, Inc. 5. Pursuant to section 626.734, Florida Statutes, any general lines insurance agent who is an officer, director or stockholder of an incorporated general lines insurance agency shal! remain personally and fully liable and accountable for violations of the insurance code by persons under his or her direct supervision and control. COUNT I 6. The above general allegations are hereby realleged and fully incorporated herein by reference. 7. In or about February 2001, you, JAMES ANDREW DESSI, submitted a cancellation request and policy release to Clarendon National Insurance Company to cancel the homeowners insurance policy of Michael and Cynthia Johnson, 8617 Heartwood Court, Tallahassee, Florida, 32312 without the signatures or the informed consent of Michael and Cynthia Johnson. 8. In or about February 2001, you, JAMES ANDREW DESSI, applied for a homeowners policy in the names of Michael and Cynthia Johnson with American Strategic Insurance Corporation without the signatures or the informed consent of Michael and Cynthia Johnson. IT IS THEREFORE CHARGED that you, JAMES ANDREW DESSI, 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 appointments as an insurance agent: (a) If the license or appointment is willfully used, or to be used, to circumvent any of the requirements or prohibitions of this code. [section 626.61 1(4), Florida Statutes]; (b) 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], (c) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [section 626.61 1(7), Florida Statutes]; (d) 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]; (ec) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [section 626.611(9), Florida Statutes]; (f) 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]; (g) 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]; (h) 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]; (i) Violation of any lawful order or rule of the department. [section 626.621(3), Florida Statutes]; (i) In the 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]. COUNT II 9. The above general allegations are hereby realleged and fully incorporated herein by reference. 10. In or about February 2001, you, JAMES ANDREW DESSI, submitted a cancellation request and policy release to Clarendon National Insurance Company to cancel the homeowners insurance policy of Eileen H. Landstrom, 16 Mysterious Waters, Crawfordville, Florida, 32327, without the signature or the informed consent of Eileen H. Landstrom. 11. In or about February 2001, you, JAMES ANDREW DESSI, applied for a homeowners policy in the name of Eileen H. Landstrom with American Strategic Insurance Corporation without the signature or the informed consent of Eileen H. Landstrom. IT IS THEREFORE CHARGED that you, JAMES ANDREW DESSI, have violated or are accountable under 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: Sections 626.611(4), 626.611(5), 626.611(7), 626.611(8), 626.611(9), 626.611(10), 626.611(13), 626.621(2), 626.621(3), 626.621(6), Florida Statutes, which are forth specifically in Count I above and are hereby realleged and fully incorporated herein by reference. COUNT UI 12. The above general allegations are hereby realleged and fully incorporated herein by reference. 13. In or about February 2001, you, JAMES ANDREW DESSI, submitted a cancellation request and policy release to Clarendon National Insurance Company to cancel the homeowners insurance policy of Ernie Ulrich III, 448 E. Richview Pl. #C1, Tallahassee, Florida, 32301, without the signature or the informed consent of Emie Ulrich III. 14. In or about February 2001, you, JAMES ANDREW DESSI, applied for a homeowners policy in the name of Emie Ulrich IJ with American Strategic Insurance Corporation without the signature or the informed consent of Ernie Ulrich III. IT IS THEREFORE CHARGED that you, JAMES ANDREW DESSI, have violated or are accountable under 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: Sections 626.611(4), 626.611(5), 626.611(7), 626.611(8), 626.611(9), 626.611(10), 626.611(13), 626.621(2), 626.621(3), 626.621(6), Florida Statutes, which are forth specifically in Count I above and are hereby realleged and fully incorporated herein by reference. COUNT IV 15. The above general allegations are hereby realleged and fully incorporated herein by reference. 16. In or about August, 2001, you, JAMES ANDREW DESSI, submitted a cancellation request and policy release to Clarendon National Insurance Company to cancel the homeowners insurance policy of Gladys Durbin, 3016 Lang Drive, Tallahassee, Florida, 32303, without the signature or the informed consent of Gladys Durbin. 17. In or about August 2001, you, JAMES ANDREW DESSI, applied for a homeowners policy in the name of Gladys Durbin with American Strategic Insurance Corporation without the signature or the informed consent of Gladys Durbin. IT IS THEREFORE CHARGED that you, JAMES ANDREW DESSI, have violated or are accountable under 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: Sections 626.611(4), 626.611(5), 626.611(7), 626.611(8), 626.611(9), 626.611(10), 626.611(13), 626.621(2), 626.621(3), 626.621(6), Florida Statutes, which are forth specifically in Count I above and are hereby realleged and fully incorporated herein by reference. COUNT V 18. The above general allegations are hereby realleged and fully incorporated herein by reference. 19. In or about January, 2001, you, JAMES ANDREW DESSI, submitted a cancellation request and policy release to Clarendon National Insurance Company to cancel the homeowners insurance policy of Jeannie Hardy, 1710 Silver Lake Road, Tallahassee, Florida, 32310-9058, without the signature or the informed consent of Jeannie Hardy. 20. In or about January 2001, you, JAMES ANDREW DESSI, applied for a homeowners policy in the name of Jeannie Hardy with American Strategic Insurance Corporation without the signature or the informed consent of Jeannie Hardy. IT IS THEREFORE CHARGED that.you, JAMES ANDREW DESSI, have violated or are accountable under 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: Sections 626.61 1(4), 626.611(5), 626.611(7), 626.611(8), 626.611(9), 626.61 1(10), 626.611(13), 626.621(2), 626.621(3), 626.621(6), Florida Statutes, which are forth specifically in Count I above and are hereby realleged and fully incorporated herein by reference. COUNT VI 21. The above general allegations are hereby realleged and fully incorporated herein by reference. 22. In or about December, 2001, you, JAMES ANDREW DESSI, submitted a cancellation request and policy release to Clarendon National Insurance Company to cancel the homeowners insurance policy of Bernice Burgess, 1450 Lonnie Road, Tallahassee, Florida, 32308, without the signature or the informed consent of Bernice Burgess. 23. In or about December, 2001, you, JAMES ANDREW DESSI, applied for a homeowners policy in the name of Bernice Burgess with American Strategic Insurance Corporation without the signature or the informed consent of Bernice Burgess. IT IS THEREFORE CHARGED that you, JAMES ANDREW DESSI, have violated or are accountable under 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: Sections 626.611(4), 626.611(5), 626.61 1(7), 626.611(8), 626.611(9), 626.611(10), 626.611(13), 626.621(2), 626.621(3), 626.621(6), Florida Statutes, which are forth specifically in Count I above and are hereby realleged and fully incorporated herein by reference. COUNT VI 24. The above general allegations are hereby realleged and fully incorporated herein by reference. 25. In or about January, 2001, you, JAMES ANDREW DESSI, submitted a cancellation request and policy release to Clarendon National Insurance Company to cancel the homeowners insurance policy of Douglas and Linda Eddleblute, 5050 Sundance Lane, Tallahassee, Florida, 32308, without the‘signatures or the informed consent of Douglas and Linda Eddleblute. 26. In or about August 2001, you, JAMES ANDREW DESSI, applied for a homeowners policy in the name of Douglas and Linda Eddleblute with American Strategic Insurance Corporation without the signatures or the informed consent of Douglas and Linda Eddleblute. IT IS THEREFORE CHARGED that you, JAMES ANDREW DESSI, have violated or are accountable under 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: Sections 626.611(4), 626.611(5), 626.611(7), 626.611(8), 626.611(9), 626.61 1(10), 626.611(13), 626.621(2), 626.621(3), 626.621(6), Florida Statutes, which are forth specifically in Count I above and are hereby realleged and fully incorporated herein by reference. COUNT VIIt 27. The above general allegations are hereby realleged and fully incorporated herein by reference. 28. In or about May, 2001, you, JAMES ANDREW DESSI, submitted a cancellation request and policy release to Clarendon National Insurance Company to cancel the homeowners insurance policy of Katherine Craven, 836 Forest Drive, Tallahassee, Florida, 32303-5111, without the signature or the informed consent of Katherine Craven. 29. In or about August 2001, you, JAMES ANDREW DESSI, applied for a homeowners policy in the name of Katherine Craven with American Strategic Insurance Corporation without the signature or the informed consent of Katherine Craven. IT IS THEREFORE CHARGED that you, JAMES ANDREW DESSI, have violated or are accountable under 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: Sections 626.611(4), 626.611(5), 626.611(7), 626.611(8), 626.611(9), 626.611(10), 626.61 1(13), 626.621(2), 626.621(3), 626.621(6), Florida Statutes, which are forth specifically in Count I above and are hereby realleged and fully incorporated herein by reference. COUNT IX 30. The above general allegations are hereby realleged and fully incorporated herein by reference. 31. In or about January, 2001, you, JAMES ANDREW DESSI, submitted a cancellation request and policy release to Clarendon National Insurance Company to cancel the homeowners insurance policy of Amrisar and Vivianne Kaharoeddin, 3269 Whitney Dr. East, Tallahassee, Florida 32309, without the signatures or the informed consent of Amrisar and Vivianne Kaharoeddin. 32. In or about August 2001, you, JAMES ANDREW DESSI, applied for a homeowners policy in the name of Amrisar and Vivianne Kaharoeddin with American Strategic Insurance Corporation without the signatures or the informed consent of Amrisar and Vivianne Kaharoeddin. IT IS THEREFORE CHARGED that you, JAMES ANDREW DESSI, have violated or are accountable under 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: Sections ' 626.611(4), 626.611(5), 626.611(7), 626.611(8), 626.611(9), 626.611(10), 626.611(13), 626.621 (2), 626.621(3), 626.621(6), Florida Statutes, which are forth specifically in Count I above and are hereby realleged and fully incorporated herein by reference. WHEREFORE, you, JAMES ANDREW DESSI, 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 626.9521, Florida Statutes, and under the other referenced sections of the Florida Statutes as set out in this Administrative Complaint. 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 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. 11 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_201- day of Lew of, 2002. KENNEY SHIPLEY Deputy Insurance Commissioner 12 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF PROCEEDING has been furnished to: JAMES ANDREW DESSI, Dessi Insurance Agency, 4820 Kerry Forest Parkway Suite A, Tallahassee, FL 32308- 2272; JAMES ANDREW DESSI, 3469 Hyd¢-Park Way, Tallahassee, FL 32308-8231 by Certified Mail this 20" day of Cheeet fn 2002. Oo fh ye A (A ) ) vi allt Carl B. Morstadt III Division of Legal Services 200 East Gaines St. 612 Larson Building Tallahassee, Florida 32399-033 (850) 413-4168 Florida Bar Number 0133220 13

Docket for Case No: 03-000424PL