Petitioner: DEPARTMENT OF FINANCIAL SERVICES
Respondent: MARGARET LOUISE HERGET
Judges: LARRY J. SARTIN
Agency: Department of Financial Services
Locations: Fort Lauderdale, Florida
Filed: Apr. 19, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, May 31, 2005.
Latest Update: Jan. 03, 2025
FLORIDA _
DEPARTMENT OF
FINANCIAL SERVICES ers
CHE Po A CFPLER FILED A ne
STATE OF FLORIDA pr
APR 1 5
IN THE MATTER OF: Qocketed by’ aes
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MARGARET L. HERGET CASE NO. 80573-05-AG
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ADMINISTRATIVE COMPLAINT
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TO: MARGARET L. HERGET OS 4 lr if
9860 Fairway Cove Lane
Plantation, Florida 33324
MARGARET L. HERGET
1083 Sunset Strip
Sunrise, Florida 33313
You, MARGARET L. HERGET, are hereby notified that pursuant to Chapter 626, Florida
Statutes, 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. You, MARGARET L. HERGET, are currently licensed in the state as a general lines
insurance agent.
2. At all time pertinent to the dates and occurrences referred to in this Administrative
Complaint you, MARGARET L. HERGET, were licensed as an insurance agent in this state.
3 At all time pertinent to the dates and occurrences referred to in this Administrative
Complaint, you, MARGARET L. HERGET, were an officer and director of A&M Insurance,
Inc., a Florida incorporated insurance agency.
4, At all time pertinent to the dates and occurrences referred to in this Administrative
Complaint all funds received by you, MARGARET L. HERGET from consumers or on behalf of
consumers representing premiums for insurance policies, were trust funds received in a fiduciary
capacity and were to be paid over to an insurer, insured, or other persons entitled thereto in the
regular course of business.
COUNT I
5. Paragraphs one through four are realleged and incorporated herein by reference.
6. On or about June 2002, MARGARET L. HERGET, received $2273.97 from
M.C.. of Hollywood, Florida, a Florida insurance consumer. This sum was intended to be total
premium payments on a homeowner's insurance policy, a flood insurance policy and windstorm
insurance policy. $1026 of this sum was intended to be the premium payment on the windstorm
insurance policy to be issued by Citizens Insurance Company.
7. MARGARET L. HERGET failed to promptly remit the above-described $1026
premium payments received from M.C. to Citizens Insurance or any insurer entitled thereto, but
rather retained the $1026.00 in fiduciary funds for her own use and benefit. M.C. failed to
receive the requested insurance, despite numerous representations from MARGARET L.
HERGET that a policy had been issued and was in force.
8. MARGARET L. HERGET has knowingly and willingly misappropriated,
converted or wrongfully withheld an insurance premium belonging to insurers or to an insured
received in conduct of business under her license. Demand was made for a refund of the
premium payment, which was not made until December, 2003.
9. You, MARGARET L. HERGET, have converted, misappropriated, or wrongfully
withheld money belonging to an insurer and an insured.
IT IS THEREFORE CHARGED that you, MARGARET L. HERGET, have violated or
are accountable under the following provisions of the Florida Insurance Code and Rules of the
Chief Financial Officer which constitute grounds for the suspension or revocation of your
insurance licenses and eligibility for licensure:
(a) All premiums, return premiums, or other funds belonging to insurers or others received
by an agent, solicitor, or adjuster in transactions under his license shall be trust funds so received
by the licensee in a fiduciary capacity; and 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];
(c) Demonstrated lack of reasonably adequate knowledge and technical competence to
engage in the transactions authorized by the license or permit. [Section 626.611(8), Florida
Statutes];
(d) Fraudulent or dishonest practices in the conduct of business under the license or permit.
[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.
[Section 626.611(10), Florida Statutes];
(f) Failure or refusal, upon demand, to pay over to any insurer he represents or has
represented any money coming into his hands belonging to the insurer. [Section 626.621(4),
Florida Statutes];
COUNT II
10. Paragraphs one through four are realleged and incorporated herein by reference.
11. On or about July 30, 2003, MARGARET L. HERGET, received $1,658.00 from
First American Title Insurance Company for insurance on behalf of C.C. of Sunrise, Florida, a
Florida insurance consumer. This sum was intended to be the initial premium payment on a
homeowner’s insurance policy.
12. MARGARET L. HERGET failed to promptly remit the above-described premium
payments received from C.C., to any insurer entitled thereto, but rather retained the $1658.00
premium payments for her own use and benefit. C.C. failed to receive the requested insurance,
despite numerous representations from MARGARET L. HERGET that a policy had been issued
and was in force.
13. MARGARET L. HERGET has knowingly and willingly misappropriated,
converted or wrongfully withheld an insurance premium belonging to insurers or to an insured
received in conduct of business under her license. Demand was made for a refund of the
premium payment, but MARGARET L. HERGET has refused same.
14. You, MARGARET L. HERGET, have converted, misappropriated, or wrongfully
withheld money belonging to an insurer and an insured.
IT IS THEREFORE CHARGED that you, MARGARET L. HERGET, have violated or
are accountable under the following provisions of the Florida Insurance Code and Rules of the
Chief Financial Officer which constitute grounds for the suspension or revocation of your
insurance licenses and eligibility for licensure: Sections 626.561(1); 626.611(7); 626.611(8);
626.611(9); 626.611(10); and 626.611(4), Florida Statutes, as more particularly alleged in Count
Tabove.
WHEREFORE, you, MARGARET L. HERGET, are hereby notified that the Chief
Financial Officer 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 Financial Services, 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. 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 Financial Services.
DATED and SIGNED this day of » 2005.
KAREN CHANDLER
Deputy Chief Financial Officer
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: MARGARET L.
HERGET at 9860 Fairway Cove Lane, Plantation, Florida 33324; and MARGARET L.
HERGET, 1083 Sunset Strip, Sunrise, Florida 33313 this \>r day of April, 2005.
ae BL
fer ames A. Bossart
Division of Legal Services
200 East Gaines St.
612 Larson Building
Tallahassee, Florida 32399-033
(850) 413-4124
Florida Bar Number 0374598
Docket for Case No: 05-001469PL
Issue Date |
Proceedings |
Dec. 09, 2005 |
Department`s Motion to Reassume Jurisdiction and Re-set Final Hearing (DOAH Case No. 05-4640PL established).
|
May 31, 2005 |
Order Closing File. CASE CLOSED.
|
May 27, 2005 |
Motion to Relinquish Jurisdiction and Close File filed.
|
May 12, 2005 |
Order Granting Petition to Intervene (A & M Insurance, Inc.).
|
May 09, 2005 |
Order of Pre-hearing Instructions.
|
May 09, 2005 |
Notice of Hearing (hearing set for June 28, 2005; 9:30 a.m.; Fort Lauderdale, FL).
|
May 05, 2005 |
Corrected Request for Production as to Date filed.
|
Apr. 28, 2005 |
Joint Response to Initial Order filed.
|
Apr. 27, 2005 |
DOAH Rule 28-106.201 Petition to Intervene filed.
|
Apr. 27, 2005 |
Request for Production filed.
|
Apr. 27, 2005 |
Notice of Service of Interrogatories filed.
|
Apr. 20, 2005 |
Initial Order.
|
Apr. 19, 2005 |
DOAH Rule 28-106.201 Petition filed.
|
Apr. 19, 2005 |
Answer to Administrative Complaint filed.
|
Apr. 19, 2005 |
Election of Proceeding filed.
|
Apr. 19, 2005 |
Administrative Complaint filed.
|
Apr. 19, 2005 |
Agency referral filed.
|