FLORIDA _ FINANCIAL SERVICES TOM GALLAGHER CHIEF FINANCIAL OFFICER STATE OF FLORIDA E D JUN 6 ‘2005 IN THE MATTER OF: DOCK et ect top: CASE NO.: 81620-05-A' JEANNE JUDITH EDELMAN / eS 3, 77 Ono ran nsz = = Sen = I ee OD ADMINISTRATIVE COMPLAINT aos 0 mi BRP, oO TO: JEANNE JUDITH EDELMAN a « 5463 North State Road 7, Suite 115 - Fort Lauderdale, Forida 33319 ¢ “7 JEANNE JUDITH EDELMAN O Sy (Af 5220 SW 4th Street - Plantation, Florida 33317 You, JEANNE JUDITH EDELMAN, license I.D. #A075320, 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, JEANNE JUDITH EDELMAN, are currently licensed in this state as a Life Including Variable Annuity Agent (2-14), a Life Including Variable Annuity & Health Agent (2-15), a Life & Health Agent (2-18), and a General Lines (Property & Casualty) Agent (2-20). 4 “. At all times pertinent to the dates and occurrences referred to herein, you, JEANNE JUDITH EDELMAN, were licensed in this state as an insurance agent. 4 a. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial Services has jurisdiction over your insurance licenses and appointments. COUNTI 4. The above general allegations are hereby realleged and fully incorporated herein by reference. 3. On or about January 21, 2003, you, JEANNE JUDITH EDELMAN, submitted an application for automobile insurance coverage on behalf of $.D. to Allstate Insurance Company. In order to qualify S.D. for lesser premiums, you, JEANNE JUDITH EDELMAN, knowingly prepared and submitted false and fraudulent documentation to Allstate resulting in the automobile insurance premium being $116.46 lower than the approved premium for a vehicle garaged in Tamarac, Florida. You were able to charge a lower premium by falsely stating $.D.’s vehicle was garaged in Deerfield Beach, Florida. IT IS THEREFOR CHARGED that you, JEANNE JUDITH EDELMAN, 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 626.611(9), Florida Statutes]; (c) 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]; (d) In the conduct of business under the license of appointment, engaging 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 to the public. {Section 626.621(6), Florida Statutes]; (e) 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)(1), Florida Statutes]; (f) Knowingly collected as a premium or a charge for insurance any sum in excess of or less than the premium or charge applicable to such insurance, in accordance with the applicable classifications and rates as filed with and approved by the office, and as specified in the policy; or, in cases when classifications are not required by this code to be so filed and approved, premiums and charges collected from a Florida resident in excess of or less than those specified by the policy and as fixed by the insurer. [Section 626. 9541(1)(0)(2), Florida Statutes]. COUNT II 6. The above general allegations are hereby realleged and fully incorporated herein by reference. 7. On or about February 27, 2003, you, JEANNE JUDITH EDELMAN, submitted an application for automobile insurance coverage on behalf of W.S. to Allstate Insurance Company. In order to qualify W.S. for lesser premiums, you, JEANNE JUDITH EDELMAN, knowingly prepared and submitted false and fraudulent documentation to Allstate resulting in the automobile insurance premium being $97.59 lower than the approved premium for a vehicle garaged in Fort Lauderdale, Florida. You were able to charge a lower premium by falsely stating W.S.’s vehicle was garaged in Key Largo, Florida. IT IS THEREFOR CHARGED that you, JEANNE JUDITH EDELMAN, have violated or are accountable under the following provisions of the Florida Insurance Cede 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 626.611(9), Florida Statutes]; (c) 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 626.61 1(13), Florida Statutes]; (d) In the conduct of business under the license of appointment, engaging unfair methods of competition or in unfair or deceptive acts or practices, as prohibited under Part 1X of this chapter, or having otherwise shown himself or herself to be a source of injury to the public. {Section 626.621(6), Florida Statutes]; {e) 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)(1), Florida Statutes]; (f) Knowingly collected as a premium or a charge for insurance any sum in excess of or less than the premium or charge applicable to such insurance, in accordance with the applicable classifications and rates as filed with and approved by the office, and as specified in the policy; or, in cases when classifications are not required by this code to be so filed and approved, premiums and charges collected from a Florida resident in excess of or less than those specified by the policy and as fixed by the insurer. [Section 626. 9541(1)(0)(2), Florida Statutes]. COUNT III 8. The above general allegations are hereby realleged and fully incorporated herein by reference. 9, On or about January 27, 2003, you, JEANNE JUDITH EDELMAN, submitted an application for automobile insurance coverage on behalf of G.W. to Allstate Insurance Company. In order to qualify G.W. for lesser premiums, you, JEANNE JUDITH EDELMAN, knowingly prepared and submitted false and fraudulent documentation to Allstate resulting in the automobile insurance premium being $634.15 lower than the approved premium for a vehicle garaged in Pompano Beach, Florida. You were able to charge a lower premium by falsely stating G.W.’s vehicle was garaged in Clewiston, Florida. IT IS THEREFOR CHARGED that you, JEANNE JUDITH EDELMAN, 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 626.61 1(7), Florida Statutes]; (b) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), Florida Statutes]; (c) 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]; (d) In the conduct of business under the license of appointment, engaging unfair methods of competition or in unfair or deceptive acts or practices, as prohibited under Part [X of this chapter, or having otherwise shown himself or herself to be a source of injury to the public. [Section 626.621(6), Florida Statutes]; (e) 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)(1), Florida Statutes]; (f) Knowingly collected as a premium or a charge for insurance any sum in excess of or less than the premium or charge applicable to such insurance, in accordance with the applicable classifications and rates as filed with and approved by the office, and as specified in the policy; or, in cases when classifications are not required by this code to be so filed and approved, premiums and charges collected from a Florida resident in excess of or less than those specified by the policy and as fixed by the insurer. [Section 626. 9541(1)(0)(2), Florida Statutes}. COUNT IV 10. The above general allegations are hereby realleged and fully incorporated herein by reference. Ll. On or about January 15, 2003, you, JEANNE JUDITH EDELMAN, submitted an application for automobile insurance coverage on behalf of P.D. to Allstate Insurance Company. In order to qualify P.D. for lesser premiums, you, JEANNE JUDITH EDELMAN, knowingly prepared and submitted false and fraudulent documentation to Allstate resulting in the automobile insurance premium being $167.54 lower than the approved premium for a vehicle garaged in Lauderhill, Florida. You were able to charge a lower premium by falsely stating P.D.’s vehicle was garaged in Key Largo, Florida. IT IS THEREFOR CHARGED that you, JEANNE JUDITH EDELMAN, 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 626.61 1(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) 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]; (d) In the conduct of business under the license of appointment, engaging 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 to the public. [Section 626.621(6), Florida Statutes]: (e) 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)(1), Florida Statutes]; (f) Knowingly collected as a premium or a charge for insurance any sum in excess of or less than the premium or charge applicable to such insurance, in accordance with the applicable classifications and rates as filed with and approved by the office, and as specified in the policy; or, in cases when classifications are not required by this code to be so filed and approved, premiums and charges collected from a Florida resident in excess of or less than those specified by the policy and as fixed by the insurer. [Section 626. 9541(1)(o)(2), Florida Statutes]. COUNT V 12. The above general allegations are hereby realleged and fully incorporated herein by reference. 13. On or about June 5, 2002, you, JEANNE JUDITH EDELMAN, submitted an endorsement for automobile insurance coverage on behalf of yourself to Allstate Insurance Company. In order to qualify yourself for lesser premiums, you, JEANNE JUDITH EDELMAN, knowingly prepared and submitted false and fraudulent documentation to Allstate resulting in the automobile insurance premium being $152.50 lower than the approved premium for a vehicle garaged in Plantation, Florida. You were able to charge a lower premium by falsely stating your vehicle was garaged in Marco, Florida. IT IS THEREFOR CHARGED that you, JEANNE JUDITH EDELMAN, 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 626.611(9), Florida Statutes]: (c) 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]; (d) In the conduct of business under the license of appointment, engaging 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 to the public. [Section 626.621(6), Florida Statutes]; (e) 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)(1), Florida Statutes]; (f) Knowingly collected as a premium or a charge for insurance any sum in excess of or less than the premium or charge applicable to such insurance, in accordance with the applicable classifications and rates as filed with and approved by the office, and as specified in the policy; or, in cases when classifications are not required by this code to be so filed and approved, premiums and charges collected from a Florida resident in excess of or less than those specified by the policy and as fixed by the insurer. [Section 626. 9541(1)(0)(2), Florida Statutes]. COUNT VI 14. The above general allegations are hereby realleged and fully incorporated herein by reference. 15. On or about December 16, 2003, The Department received an anonymous telephone call that your company was closed for business and did not subsequently provide any contact information for your current clients. 16. The Department conducted an investigation of your activities as an insurance agent. As a result thereof, the Department alleges that you, JEANNE JUDITH EDELMAN, have failed to file a primary agent form as required by Section 626.592 (1), Florida Statutes. IT IS THEREFOR CHARGED that you, JEANNE JUDITH EDELMAN, 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) Each person operating an insurance agency and each location of a multiple location agency shall designate a primary agent for each insurance agency location and shall file the name of the person so designated, and the address of the insurance agency location where he or she is primary agent, with the department, on a form approved by the department. [Section 626.592(1), Florida Statutes]; (b) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(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 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]; WHEREFORE, you, JEANNE JUDITH EDELMAN, 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 626.592, 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. Ifa 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 10 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 6th dayof_ gune , 2005. Koon Eller AREN CHANDLER Deputy Chief Financial Officer il 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: JEANNE JUDITH EDELMAN, 5463 North State Road 7, Suite 115, Fort Lauderdale, FL 33319; JEANNE JUD{TH EDELMAN, 5220 SW 4th Street, Plantation, FL 33317 by Certified Mail this Cus day of « \ling , 2005. SVE [il ia pape William W. Tharpe, Jr. Florida Bar Number 0312411 Division of Legal Services 612 Larson Building 200 East Gaines Street Tallahassee, Florida 32399 ertitied Article Number 7hbD 350] 9844 2700 4LSy SENDERS RECORD 7Ub0 3901 F844 cee) 7872 SENDERS RECORD “0 COMPLETE THIS SECTION ON DELIVERY (} Agent (_} Addressee (_] Yes 7LbD 301 | LEO 390) 644 2700 4b54 EINo i 3. Service Type CER! 3. Service Type CERTIFIED MAIL LC 4. Restricted Delivery. 4, Restricted Delivery? (Extra Fee) [ayes ) i 1. Article Addressed to! 4. Article Addressed to: i ference Information j JEANNE JUDITE rere EDELMAN INSURANCE SERVICES, INC. JEANNE JUDITH EDELMAN 5463 NORTH STATE ROAD 7, SUITE 115 _ 81620-05-AG FORT LAUDERDALE, FL 333) = — Lone 6;2005-, i! REST RI TED: ditlement ' DELIVERY | 5220 SW 4TH ST; PLANTATION, E i PS Form 3811, July 2 PS Form 3811, July 2001 Domestic Return Receipt. ~~

Docket for Case No: 05-002462PL