Aug 24 2006 15:36 FROM : DEPT OF FINANCIAL SERVICES FAs NO. : 8564874987 Aug. 24 2666 83:31PM PS FLORID. FINANCIALSERVICES — EJLED TOM GALLAGHER AUG 3 2006 CHIEF FINANCIAL OFFICER STATE OF FLORIDA Dooksted by IN THE MATTER OF: CASE NO.: 84543-06-AG KATHERINE ANN FITZGERALD / ADMINISTRATIVE COMPLAINT TO: KATHERINE ANN FITZGERALD 2226 Orangewood Circle Zellwood, Florida 32798 KATHERINE ANN FITZGERALD 1555 North Maitland Avenue Maitland, Florida 32751 You, KATHERINE ANN FITZGERALD, 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 and as a result of which it is alleged: GENERAL ALLEGATIONS 1. Pursuant to Chapter 626, Florida Statutes, you, KATHERINE ANN FITZGERALD, currently are licensed in this state as a life including variable annuity (2-14), general lines (2-20), and legal expense (2-56) agent, and were so licensed at all times relevant to the dates and occurrences referenced herein, Your license identification number is A085250. 2. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial Services (hereinafter referred to as the “Department’”) has jurisdiction over your licenses and appointments. Aug 24 2006 15:37 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Aug. 24 2666 83:31PM P4 3. At all times relevant to the dates and occurrences referenced herein you, KATHERINE ANN FITZGERALD were employed or affiliated with Direct General Insurance Agency, Inc., a Tennessee corporation, doing business in Florida as Friendly Auto. COUNT I 4. The above General Allegations are hereby realleged and fully incorporated herein by reference. 5, On or about August 3, 2005, you, KATHERINE ANN FITZGERALD, sold Carol Moser an Accident Medical Protection Plan without her informed consent. IT IS THEREFORE CHARGED that you, KATHERINE ANN FITZGERALD, have violated or are accountable under one or more of the following provisions of the Florida Insurance Code, which constitutes grounds for the suspension or revocation of your licenses as an insurance agent in this state: (a) — No person shall transact insurance in this stale, or relative to a subject of insurance resident, located, or to be performed in this state, without complying with the applicable provisions of this code. [Section 624.11(1), Florida Statutes]. (b) ‘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]. (c) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.61 1(7), Florida Statutes]. (d) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), Florida Statutes]. Aug 24 2006 15:37 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Aug. 24 2666 83:31PM PS (e) 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]. (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]. (g) Violation of any lawful order or rule of the department, commission, or office. [Section 626.621(3), Florida Statutes]. (h) 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]. (i) No person shall engage in this state in any trade practice which is defined in this part as, or determined pursuant to s. 626.951 or s. 626.9561 to be, an unfair method of competition or an unfair or deceptive act or practice involving the business of insurance. [Section 626.9521(1), Mlorida Statutes]. () Representing to the applicant that a specific ancillary coverage or product is required by law in conjunction with the purchase of insurance when such coverage of product ig not required, [Section 626.9541(1)(z)1., Florida Statutes]. (k) Representing to the applicant that a specific ancillary coverage or product is included in the policy applied for without an additional charge when such charge is required. [Section 626.9541(1)(z)2., Florida Statutes] Aug 24 2006 15:37 FROM : DEPT OF FINANCIAL SERVICES FAs NO. : 8564874987 Aug. 24 2666 83:32PM Pe (dy Charging an applicant for a specific ancillary coverage or product, in addition to the cost of the insurance coverage applied for, without the informed consent of the applicant, [Section 626.9541(1)(z)3., Florida Statutes]. COUNT II 6. The above General Allegations are hereby realleged and fully incorporated herein by reference. 7, On or about August 3, 2005, you, KATHERINE ANN FITZGERALD, sold Carol Moser a Travel Protection Plan without her informed consent. Cl IS THEREFORE CHARGED that you, KATHERINE ANN FITZGERALD, have violated or are accountable under one or more of the following provisions of the Florida Insurance Code, which constitutes grounds for the suspension or revocation of your licenses as an insurance agent in this state: (a) Sections 624.11(1), 626.611(4), 626.61 1(7), 626.611(9), 626.611(13), 626,621(2), 626.621(3), 626.621(6), 626.9521(1), 626.9541(1)(z)1., 626.9541(1)(2)2., and 626.9541(1)(z)3., Florida Statutes, which are more fully set forth in Count I above and fully incorporated herein by reference. COUNT Ill 8. The above General Allegations are hereby realleged and fully incorporated herein by reference. 9, On or about March 15, 2005, you, KATHERINE ANN FITZGERALD, sold Michele Mark an Accident Medical Protection Plan without her informed consent. IT 18 THEREFORE CHARGED that you, KATHERINE ANN FITZGERALD, have violated or are accountable under one or more of the following provisions of the Florida Aug 24 2006 15:38 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Aug. 24 2866 83:32PM Pe Insurance Code, which constitutes grounds for the suspension or revocation of your licenses as an insurance agent in this state: (a) Sections 624.11(1), 626.611(4), 626.611(7), 626.611(9), 626.611(13), 626.621(2), 626.621(3), 626.621(6), 626.9521(1), 626.954 1(1)(z)1., 626.9541 (z)2., and 626.9541 (1)(z)3., Florida Statutes, which are more fully set forth in Count I above and fully incorporated herein by reference, COUNT IV 10. ‘The above General Allegations are hereby realleged and fully incorporated herein by reference, ll. On or about March 15, 2005, you, KATHERINE ANN FITZGERALD, sold Michele Mark a Travel Protection Plan without her informed consent. IT IS THEREFORE CHARGED that you, KATHERINE ANN FITZGERALD, have ‘violated or are accountable under one or more of the following provisions of the Florida Insurance Code, which constitutes grounds for the suspension or revocation of your licenses as an insurance agent in this state: (a) Sections 624.11(1), 626.611(4), 626.611(7), 626.6119), 626.611(13), 626.621(2), 626.621(3), 626.621(6), 626.9521(1), 626.9541(1}\(z)1., 626.9541 (1)(z)2., and 626.9541(1)(z)3., Florida Statutes, which are more fully set forth in Count I above and fully incorporated herein by reference. WHEREFORE, you, CUCILIA MAUS, 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 624.15, 626.611, 626.621, 626.681, 626.691, and 626.9521, Florida Statutes, and under the other Aug 24 2006 15:38 FROM : DEPT OF FINANCIAL SERVICES FAs NO. : 8564874987 Aug. 24 2666 83:32PM Pe referenced sections of the Florida Statutes as set out in this Administrative Complaint and under the provisions of Rule 69B-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 [lection 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 CONSTITUTL A WAIVER OF YOUR RIGITT TO REQUEST A PROCEEDING ON THE MATTERS ALLEGED HEREIN AND AN ORDER OF REVOCATION WILL BE ENTERED AGAINST YOU. Tf 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; Aug 24 2006 15:38 FROM : DEPT OF FINANCIAL SERVICES FAs NO. : 8564874987 Aug. 24 2666 83:35PM Po (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. Ifa 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 Lact, if you [cel that 4 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), llorida Statutes. ‘hese 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 Aug 24 2006 15:39 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Aug. 24 2866 83:33PM Pla fo administrative proceeding received prior to the date of this notice shall be deemed abandoned unlegs timely renewed in compliance with the guidelines as sct 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 thif hd _day of yg , 2006. Pt FN LER Deputy Chief Financial Officer Aug 24 2006 15:39 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Aug. 24 2666 3:33PM Pil CERTIFICATE OF SERVICE IIJEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and the following ELECTION OF PROCEEDING has been furnished to: KATHERINE ANN FITZGERALD 2226 Orangewood Circle Zellwood, Florida 32798 KATHERINE ANN FITZGERALD 1555 North Maitland Avenue Maitland, Florida 32751 By Certified Mail thit_Sa¢/day of, 06. Greg &Marz Florida Department of Financial Services Division of Legal Services 200 East Gaines St. 612 Larson Building Tallahassee, Florida 32399-0333 (850) 413-4180 Florida Bar Number 131369

Docket for Case No: 06-003229PL