BCL £F 2p ive le FROM :DEPT OF FINANCIAL SERVICES FAX NO. : 6584874987 : Dec. 2? 2006 18:17AM P3 FLORIDA _ DEPARTMENT OF FINANCIAL SERVICES TOM GALLAGHER CHIEF FINANCIAL OFFICER STATE OF FLORIDA IN THE MATTER OF: CASE NO.: 86407-06-AG MARCELA DINA DELASCASAS 0 6 -S DIY i (U- ADMINISTRATIVE COMPLAINT TO: MARCELA DINA DELASCASAS 15286 61" Place North Loxahatchee, Florida 33470 MARCELA, DINA DELASCASAS c/o Florida No Fault 2273 A Palm Beach Lakes Boulevard West Palm Beach, Florida 33409 You, MARCELA DINA’DELASCASAS, arc hereby notified that the Chief Financial Officer of the State of Florida has caused to he 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 l. Pursuant ta Chaptcr 626, Florida Statutes, you, MARCELA DINA DELASCASAS, currently are licensed in this state as a life including variable annuity (2-14), and genera) lines (2-20) agent, and were so licensed at all times relevant to the dates and occurrences referenced herein. Your license identification number is 2034573. 2, Pursuant to Chapter 626, Florida Statutcs, the Florida Nepartment of Financial. Services (hereinafter referred to as the “Department”) has jurisdiction over your licenses and appointments. CL £f 4UU0 1Uelo FROM :DEPT OF FINANCIAL SERVICES © FAX NO. : 8584874987 Dec. 2? 2806 14:17AM P4 3. At all times relevant to the dates and occurrences referenced herein you, MARCELA DINA DELASCASAS, were employed or affiliated with Direct General Insurance Agency, Inc., a Tennessee corporation, doing business in Florida as Florida No Fault Insurance Agency. COUNT I 4. The above General AJJegations are hereby rea/leged and‘fully incorporated herein by reference. 5. On or about May 2, 2005, you, MARCELA DINA DELASCASAS, sold Naomi Baxter an, Accident Mcdical Protection PJan without her informed consent. IT IS ‘THEREFORE CHARGED that you, MARCELA DINA DELASCASAS, have violated or are accountabje 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 agcnt in this state: (a) No person shall transact insurance in this statc, or relative to a subject of insurance resident, located, or to be performed in this statc, without complying with the applicable provisions of this code, [Section 624.11(1), Florida Statutes). (b) If the license or appointment is willfully used, orto be used, to circumvent any of the requirements or prohibitions of this code. [Section 626.61 1(4), llorida Statutes]. (c) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), t‘lorida Statutes]. (d) Fraudulent or dishonest practices in the conduct of business under the license or appointment. |Scction 626.611(9), Florida Statutes]. vet ef 4UUn 10-14 FROM :DEPT OF FINANCIAL SERVICES FAX NO. :8584874987 Dec. 27 2886 10:17AM 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 626.61 \( 3), Florida Statutes]. (6 Violation of any provision of this code or of any other law applicable to the business of insurance in the course of dealing undcr 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). (b) In the conduct of business under the license or appointment, engaging in unfair methods af competition or in unfair or deceptive acts or practices, as prohibited under part IX of this chapter, or having otherwise shown himsel! or herself to he a source of injury or loss fo 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), Florida Statutes]. - §) Representing tv the applicant that a specific ancillary coverage or product is required by law in conjunction with the purchase of insurance when such coverage or product is not required. [Section 626.9541(1)(z)]., 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} Dec 2f 20060 10:20 FROM :DEPT OF FINANCIAL SERUICES FAX NO. :8584874987 Dec. 27 2086 1@:18AM PE () 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 626.954 1(1)(z)3., Florida Statutes]. COUNT I 6. The above Gencral Alleyations are hereby realleged and fully incorporated herein by reference. 7. On or about May 2, 2005, you, MARCELA DINA DELASCASAS, sold Naomi Baxter a Travel Protection Plan without her informed consent. If IS THEREFORE CHARGED that you, MARCELA DINA DELASCASAS, have violated or are accountable under one or more of the fillowing provisions of the Florida Insurance Code, which constitutes grounds for the suspension or revocation of your licenses as an insurance agent in this stale: (a) Sections 624.11(1), 626.611(4), 626.61 1(7), 626.61 1(9), 626.61 1(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)(2)3., Florida Statutes, which are more fully set furth in Count I above und fully incorporated hercin by reference. COUNT II 8. The above Giencral Allegations are hereby realleged and fully incorporated herein by reference, 9. On or about May 2, 2005, you, MARCRLA DINA DELASCASAS, sold Naomi Baxter Term Life Insurance without her informed consent. IT IS THEREFORE CHARGED that you, MARCELA DINA DELASCASAS, have violated or are accountable under one or more of the following provisions of the Florida OL 4fF AND LULU FROM :DEPT OF FINANCIAL SERVICES FAX NO. :85@48749@7 Dec. 27 2806 14:18AM P? 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), 626.61 1(4), 626.611(7), 626.6] 1(9), 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 hercin by reference. COUNT IV 10. The ahove General Allegations are hereby realleged and fully incorporated herein by reference: 11, . Onor about May 7, 2005, you, MARCELA DINA DELASCASAS, sold Conrad Alexander an Accident Medical Protection Plan without his informed consent. IT IS THEREFORE CHARGED that you, MARCELA DINA DELASCASAS, 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 Jicenses as an insurance agent in this state: (a) Sections 624.11(1), 626.61 1(4), 626.611(7), 626.61 1(9), 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. COUNT V 12. ‘The above Gencral Allegations arc hereby realleged and fully incorporated herein by reference. Dec ¢f 20U6 10-20 FROM :DEPT OF FINANCIAL SERUICES FAX NO. :85848749487 Dec. 2? 2@@6 14:18AM Pa 13. On or about May 7, 2005, you, MARCELA DINA DELASCASAS, sold Conrad Alexander a Travel Protection Plan without his informed consent. IT IS THEREFORE CHARGED that you, MARCELA DINA DELASCASAS, 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), 626.611(9), 626.61 1(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)(2)3., Florida Statutes, which are more fully set forth in Count J above and fully incorporated herein by reference. COUNT VI 14. The above Gencral Allegations are hereby reaJleged and fully incorporated herein by reference. | . 15. On or about May 7, 2005, you. MARCELA DINA DELASCASAS, sold Conrad . Alexander Term Life Insurance without his informed consent, IT IS THEREFORE CHARGED that you, MARCELA DINA DELASCASAS., have violated or arc accountable under une 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 624.1) (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), 626.954 1(1)(z)I., 626.954 1(1)(z)2., and 626.9541(1)(z)3., Florida Statutes, which are more fully set forth in Count I above and fully incorporated hercin by reference. Dec 2¢ 20U6 10:21 FROM :DEPT OF FINANCIAL SERVICES FAX NO. :85@4874907 Dec. 2? 28@@6 10:19AM P9 COUNT VII . 16. The above General Allegations are hereby realleged and fully incorporated herein by reference. 17, On or about January 20, 2005, you, MARCELA DINA DELASCASAS, sold Michele Coffin an Accident Medical Protection Plan without her informed consent. Vf IS THEREFORE CHARGED that you, MARCFI.A DINA DELASCASAS, have violated or are accountable under one or morc of the following provisions of the Florida Insurance Cade, which constitutes grounds for the suspension or revocation of your licenses as an insurance ayent in this state: (a) Sections 624.11(1), 626.611(4), 626.611(7), 626.611(9), 626.61 1(13), 626.621(2), 626.621(3), 626,621(6), 626.9521(1), 626.9541 (1)(z)1., 626.9541(1)(z)2., and 626.954] (1)(z)3., Florida Statutes, which are more fully set forth in Count I above and fully incorporated herein by reference. . COUNT Vill 18 The above General A)legations are hereby reaJleged and fully incorporated herein by reference. 19. On or about January 20, 2005, you, MARCLLA DINA DELASCASAS, sold Michele Coffin a Travel Protection Plan without her informed consent. Tl IS THEREFORE CHARGED that you, MARCELA DINA DELASCASAS, have violated or are accountable under one or more of the following provisions of the Vlorida Insurance Codec, which constitutes prounds for the suspension or revocation of your licenses as an insurance agent in this state: Dec 2¢ 2006 10:21 FROM :DEPT OF FINANCIAL SERVICES FAX NO. :85@4874987 Dec. 27 2086 18:19AM P18 (a) Sections 624.11(1), 626.611(4), 626.611(7), 626.61 1(9), 626.611(33), 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 ] above and fully incorporated herein by reference, | COUNT (X 20. The above General Allegations are hereby realleged and fully incorporated herein by reference. 21. On or about January 20, 2005, you, MARCELA DINA DELASCASAS, sold Michele Coffin ‘Term Life Insurance without her informed consent. * IT 1S THEREFORE CIIARGED that you, MARCELA DINA DELASCASAS, 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), 626.61 1(4). 626.611(7), 626.611(9), 626.611(13), 626.621(2), 626.621(3), 626.621(6), 626.9521(1), 626.9541() )(z)1., 626.9541(1)(z)2., and 626,954 1(1)(z)3., Florida Statutes, which are more fully set forth in Count | above and fully incorporated herein by refevence. COUNT X 22, — The above General Allegations are hereby realleged and fully incorporated herein by reference. 23. On or about May 7, 2005, Custumer Representative Marie B. Jean sold a term life insurance policy to Rickie Cayton. Ms. Jean wus not licensed to sell this insurance product und vec 2¢ 2UUB 10-2) FROM :DEPT OF FINANCIAL SERVICES FAX NO. 2 85@da74907 Dec. 27 2086 14:19AM P11 her having done so was a violation of Sections 624.11(1), 626.112(2), 626.611(4), 626.611(7), 626.611(13), and 626.621(2), Florida Statutes. 24. You, MARCELA DINA DELASCASAS, signed the forms associated with this transaction and in so doing aided and abetted Ms. Jean in a violation of the insurance cade. IT IS THEREFORE CHARGED that you, MARCELA DINA DELASCASAS, have violated or are accountable under one or more of the following provisions of the F lorida Insurance Code, which constitutes grounds for the suspension or revocation of your licenses as an insurance agent in this state: ; (a) Scctions 624.1 1(1), 626.61 1(4), 626.611(7), 626.611(13), and 626.621(2), Florida Statutes, which are more fully sct forth in Count I above and fully incorporated herein hy reference. (b) Knowingly aiding, assisting, procuring, advising, or abetting any person in the violation of or to violate o provision of the insurance code or any order or rule of the department, commission, or office. [Section 626.621(12), Florida Statutes]. WHEREFORE, you, MARCELA DTINA DELASCASAS, arc hercby notified that the Chief Financial Officer intends to enter an Order suspending. or revoking your liccnscs 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 referenced sections of the Florida Statutes as set out in this Administrative Complaint and under the provisions of Rule 693-231, 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 cligibility held by you under the florida Insurance Code. WoL £f 4 urls FROM :DEPT OF FINANCIAL SERVICES FAX NO. : 8584874987 Dec. 2? 2886 14:24AM P12 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 wriling, signed by you, and must be filed with the Department within twenty-onc (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 4 vmnitten 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 afler 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 infannation 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 issucs of material fact; and, ©) A reference to the notice, order to show cause, administrative complaint, or other communication that the party has received from the agency. vEC 2f LUO 1U-4e FROM :DEPT OF FINANCIAL SERVICES FAX NO. > 8504874907 Dec. 2? 2086 18:24AM P13 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 forthe 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 majorily of witnesses are located elsewhere, the Department wi]) request that the hearing be conducted in Tallahassee, Florida. Failure (uv follow the procedure outlined with regard to your response to this notice may result in the request bei & deitied. All prior oral communication or correspondence in this matter shal] be considered freeform agency action, and no such oral communication or correspondence shall operate as a valid request for an administrative procecding. Any request for an administrative proceeding received prior to the date of this notice shall he deemed abandoned unless timely renewed in compliance with the guidelines as set out above. cl 4£f £0 1+ Le FROM :DEPT OF FINANCIAL SERVICES FAX NO, 28584874987 Dec. 27 2886 14:22AM P14 y 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 Deparhnent of Financial Services. th DATED and SIGNED tris 7 ___ day of “Wedknnper , 2006, IN CHANDLER Deputy Chief Financial Officer 12 wee £1 ee SN few FROM :DEPT OF FINANCIAL SERUICES FAX NO. :8504874987 Dec. 27 2806 1@:28AM P1S CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and the following ELECTION OF PROCEEDING has been fumished to: MARCELA DINA DELASCASAS 15286 6)" Place North Loxahatchee, Florida 33470 MARCELA DINA DELASCASAS c/o Florida No Fault 2273 A Palin Beach Lakes Boulevard West Palm Beach, Florida 33409 by Cortificd Mail thiseZ IO day of NoVEMBER . 2006. Florida Department of Financial Services Division of Legal Serviccs 200 East Gaines St. 612 Larson Building ‘Tallahassee, Florida 32399-0333 (850) 413-4180 . Florida Bar Number 131369

Docket for Case No: 06-005329PL