hf [WL FILED FEB 3 2004 DEPARTMENT OF FINANCIAL SERVICES Bocketed oye ea meeenecmmsioemneme TOM GALLAGHER CHIEF FINANCIAL OFFICER oO. oh ca ‘ De EG IN THE MATTER OF: CEES ON ek BEE FY ot es “yy a re) os CASE NO.: 70681-04-AG2-3" DIANA LYNN WILSON bee K, / Se Ss ADMINISTRATIVE COMPLAINT TO: DIANA LYNN WILSON 8110 N. Tamiami Trail #123 Sarasota, FL 34243 DIANA LYNN WILSON Waterman Insurance Agency 1808 Cortez Road West #109 Bradenton, FL 34207 You, DIANA LYNN WILSON, license I.D. #E024591, are hereby notified that the Chief Financial Officer 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, DIANA LYNN WILSON, are currently licensed in this state as a Customer Representative (4-40). 2. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial Services (hereinafter ““Department”) has jurisdiction over your license and appointments. 3. Atall times relevant to the dates and occurrences referred to herein you, DIANA LYNN WILSON, were an agent of Manasota Underwriters of Sarasota, Inc. (hereinafter “Manasota Underwriters”). 4. At all times relevant to the dates and occurences referred to herein, you, DIANA LYNN WILSON, were the sole signatory for the Manasota Underwriters checking account at Horizon Bank of Bradenton, Florida (acct #10007310). 5. At all times relevant to the dates and occurrences referred to herein, all funds received by Manasota Underwriters and deposited into the above-referenced checking account controlled by you, DIANA LYNN WILSON, 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 6. The above general allegations are hereby realleged and fully incorporated herein by reference. 7. Manasota Underwriters collected funds from customers as premiums for their automobile insurance policies. 8. On or about August 11, 2002, you, DIANA LYNN WILSON, sent check number 1211 in the amount of TVO THOUSAND FIFTY-SEVEN DOLLARS AND 00/100 ($2,057.00), written on the above-referenced Manasota Underwriters bank account, to Mercury Insurance Company of Florida as payment for customers’ premiums. This check was returned for insufficient funds. ; 9. You, DIANA LYNN WILSON, failed to remit all monies collected to the insurer for the above-referenced policies, placing Manasota Underwriters customers’ insurance policies in jeopardy. IT IS THEREFORE CHARGED that you, DIANA LYNN WILSON, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the Department of Financial Services which constitute grounds for the suspension or revocation of your licenses and appointments: (a) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes}; (b) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.61 1(9), Florida Statutes]; (c) 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); (d) Willful failure to comply with, or willful violation of, any proper order or rule of the department, commission, or office or willful violation of any provision of this code. [Section 626.611(13), Florida Statutes]; (e) Failure or refusal, upon demand, to pay over to any insurer he or she represents or has represented any money coming into his or her hands belonging to the insurer. [Section 626.621(4), Florida Statutes]; (f) 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 10. The above general allegations are hereby realleged and fully incorporated herein by reference. 11. Manasota Underwriters collected funds from customers as premiums for their automobile insurance policies. 12. On or about August 16, 2002, you, DIANA LYNN WILSON, sent check number 1235 in the amount of EIGHT HUNDRED SEVENTY-TWO DOLLARS AND 00/100 ($872.00), written on the above-referenced Manasota Underwriters bank account, to Mercury Insurance Company of Florida as payment for customers’ premiums. This check was returned for insufficient funds. 13. You, DIANA LYNN WILSON, failed to remit all monies collected to the insurer for the above-referenced policies, placing Manasota Underwriters customers’ insurance policies in jeopardy. IT IS THEREFORE CHARGED that you, DIANA LYNN WILSON, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the Department of Financial Services which constitute grounds for the suspension or revocation of your licenses and appointments: (a) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; (b) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.61 1(9), Florida Statutes]; (c) 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); (d) Willful failure to comply with, or willful violation of, any proper order or rule of the department, commission, or office or willful violation of any provision of this code. [Section 626.611(13), Florida Statutes]; (e) Failure or refusal, upon demand, to pay over to any insurer he or she represents or has represented any money coming into his or her hands belonging to the insurer. [Section 626.621(4), Florida Statutes}; (f) 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 III 14. The above general allegations are hereby realleged and fully incorporated herein by reference. 15, Manasota Underwriters collected funds from customers as premiums for their automobile insurance policies. 16. On or about August 21, 2002, you, DIANA LYNN WILSON, sent check number 1305 in the amount of ONE THOUSAND FIFTY-TWO DOLLARS AND 00/100 ($1,052.00) and check number 1306 in the amount of EIGHT HUNDRED THIRTY EIGHT DOLLARS AND 00/100 ($838.00), written on the above-referenced Manasota Underwriters bank account, to Mercury Insurance Company of Florida as payment for customers’ premiums. These checks were retumed for insufficient funds. 17. You, DIANA LYNN WILSON, failed to remit all monies collected to the insurer for the above-referenced policies, placing Manasota Underwriters customers’ insurance policies in jeopardy. IT IS THEREFORE CHARGED that you, DIANA LYNN WILSON, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the Department of Financial Services which constitute grounds for the suspension or revocation of your licenses and appointments: (a) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; (b) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.61 1(9), Florida Statutes]; (c) 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]; rr me SU DEED ONE OE (d) Willful failure to comply with, or willful violation of, any proper order or rule of the department, commission, or office or willful violation of any provision of this code. [Section 626.611(13), Florida Statutes]; (e) Failure or refusal, upon demand, to pay over to any insurer he or she represents or has represented any money coming into his or her hands belonging to the insurer. [Section 626.621(4), Florida Statutes]; (f) 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 IV 18. The above general allegations are hereby realleged and fully incorporated herein by reference. 19. Manasota Underwriters collected funds from customers as premiums for their automobile insurance policies. 20. On or about August 27, 2002, you, DIANA LYNN WILSON, sent check number 1229 in the amount of ONE THOUSAND TWENTY-FIVE DOLLARS AND 00/100 ($1,025.00), written on the above-referenced Manasota Underwriters bank account, to Mercury Insurance Company of Florida as payment for customers’ premiums. This check was returned for insufficient funds. 21. You, DIANA LYNN WILSON, failed to remit all monies collected to the insurer for the above-referenced policies, placing Manasota Underwriters customers’ insurance policies in jeopardy. IT IS THEREFORE CHARGED that you, DIANA LYNN WILSON, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the Department of Financial Services which constitute grounds for the suspension or revocation of your licenses and appointments: