Apr 13 2007 10:36 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Apr. 13 2667 89:34AM P4711 FLORIDA _ FINANCIAL SERVICE ALEX SINK FILED CHIEF FINANCIAI, OFFICER STATE OF FLORIDA MAR 29 2007 Deckeiod Wh, Lea IN THE MATTER OF: ” : CASE NO.: 87934-07-AG DAVID HENRY WILLIAMS ADMINISTRATIVE COMPLAINT TO: DAVID HENRY WILLIAMS World Marine Underwriters, Inc. 1800 Southeast 10th Avenue, Suite 235 Ft. Lauderdale, FI, 33316 DAVID HENRY WILLIAMS 2717 Riverland Road Fi. Lauderdale, FL 33312-4413 You, DAVID HENRY WILLIAMS, license .D. #A2085495, are hereby notified that the Chief Financial Officer and Agency Head of the Florida Department of Financial Services 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 L. Pursuant to Chapter 626, Florida Statutes, you, DAVID HENRY WILLIAMS, are currently licensed in this state as a general lines agent, 2. At all times pertinent to the dates and occurrences referred to herein, you, DAVID HENRY WILLIAMS were licensed in this state as an insurance agent. Apr 13 200? 10:37 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Apr. 13 26687 @9:35AM Po-11 3. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial Services (hercinafter “Department”) has jutisdiclion over DAVID HENRY WILLIAMS’ insurance licenses and appointments. 4, At all times material hereinafter, you, DAVID HENRY WILLIAMS, as a licensed insurance agent, managed and conducted your insurance business through D.H. Williams Insurance Associates, Inc., Ft. Lauderdale, Florida, as an officer and director thereof. COUNTI 5. The above general allegations are hereby realleged and fully incorporated herein by reference, 6. In March, 2002, you, DAVID HENRY WILLIAMS, were served with an Administrative Complaint, Case No. 70863-04-AG, The Administrative Complaint alleged that you, DAVID HENRY WILLIAMS, as a licensed insurance agent, had sold insurance coverage to one SL through your agency, D.H. Williams Insurance Associates, Inc., to be provided by Seawise International Insurance (hereinafter "Scawise") and Northern Reef Insurance Company (hereinafter "Northern"). Neither of these two entities was authorized to conduct business in the state of Florida. Disciplinary action was imposed against you, DAVID HENRY WILLIAMS, for your representation of Seawise and Northern, both unauthorized entities. 7. Thereafter, notwithstanding the notice and knowledge regarding those entities, you, DAVID HENRY WILLIAMS, through your insurance agency, D.H. Williams Insurance Associates, Inc., continued to sell insurance utilizing Seawise and Northern, by renewing an existing purported insurance policy number C290U007031301, previously sold by you and issued to one JB for which he paid to you the annual premium therefor of $1,445.62 on June 11, 2002. Apr 13 200? 10:37 FROM : DEPT OF FINANCIAL SERVICES FAs NO. : 8564874987 Apr. 13 2667 89:35AM Pe-11 8. Following that transaction with JB, you, DAVID HENRY WILLIAMS, on or about September, 2002 contacted your insured by presenting to him a release for you and your agency concerning all prior insurance transactions with full knowledge that Seawise and — Northern were not authorized to conduct business in Florida, but nonetheless, with a recommendation to then appoint Seawise as a future insurance broker and thus continuing to utilize Northem. JB accepted and followed your advice and signed such release and recommended appointment as had been prepared and submitted by you to him, and thereafter paid annual premium costs for the purported insurance policy originally sold by you to him by payment of premium directly to Seawise as you had recommended. 9. Subsequent to these transactions and in 2004, said JB suffered damage to the vessel which you had caused to be insured in his behalf, Upon attempts to contact you for ) recovery undet his purported insurance policy, he was advised that you were no longer in business. His attempts to then contact Seawise International Insurance and Northern Reef Insurance Company were unsuccessful and without result, whereupon he learned that neither entity was at any time authorized to conduct business in the state of Florida, all of which was well known to you before you renewed his policy in June, 2002, and before you recommended in September, 2002 that he continue to deal with Seawise and Northern, IT IS THEREFORE CHARGED that you, DAVID HENRY WILLIAMS, 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) 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); Apr 13 200? 10:37 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Apr. 13 26687 @9:35AM Preli (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 appointment. [Section 626.611(8), Florida Statutes]; and (d).No person shall, from offices or by personnel or facilities located in this state, or in any other state ar country, directly or indirectly act as agent for, or otherwise represent or aid on behalf of another, any insurer not then authorized to transact such insurance in this state, [Section 626.901(1), Florida Statutes). WHEREFORE, you, DAVID HENRY WILLIAMS, 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 of Financial Services ("Department") pursuant to Sections 120.569 and 120.57, Florida Statutes, and Rule 28-106, 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/ot a petition for administrative hearing will suffice as a written request. The request must be filed with the General Counsel acting as 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 reccived by the Department no later than 5:00 p.m. on the twenty-first day after Apr 13 200? 10:38 FROM : DEPT OF FINANCIAL SERVICES FAs NO. : 8564874987 Apr. 13 2667 @9:36AeM Pe-1t 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 VOUR RECEIPT OF THIS NOTICE WILL CONSTITUTE A WAIVER OF YOUR RIGHT TO REQUEST A PROCEEDING ON THE MATTERS ALLEGED HEREIN AND AN ORDER OF SUSPENSION OR REVOCATION WILL BE ENTERED AGAINST YOU. If you request a proceeding, you must provide information that complies with the requirements of Rule 28-106.2015, 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, address, and telephone number, and facsimile number (if any) of the respondent (for the purpose of requesting a hearing in this matter, you are the "respondent”). (b) The name, address, telephone number, facsimile number of the attorney or qualified representative of the respondent (if any) upon whom service of pleadings and other papers shall be made. (c) A statement requesting an administrative hearing identifying those material facts that are in dispute, If there are none, the petition must so indicate. (dq) ~Astatement of when the respondent received notice of the administrative complaint. (e) A statement including the file number to the administrative complaint. ‘ 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. Apr 13 200? 10:38 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Apr. 13 2687 89:36AM Pol. 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 fee] 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 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. DATED and SIGNED this / UY day of /7 la rer , 2007. a. AREN CHANDLER Deputy Chief Financial Officer Apr 13 200? 10:38 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Apr. 13 26687 9:37AM Pig-il CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF PROCEEDING has heen furnished to: DAVID HENRY WILLIAMS, World Marine Underwriters, Inc., 1600 Southeast 17th Street, Ft. Lauderdale, FL 33316; and DAVID HENRY WILLIAMS, 2717 Riverland Road, Ft. Lauderdale, FL 33312 by Certified Mail this VEE, day of Mare _. , 2007. , Le Lh A Dean Andrews Division of Legal Services 200 East Gaines St. 612 Larson Building Tallahassee, Florida 32399-033 (850) 413-4242 Florida Bar Number 0001959 Apr 13 200? 10:39 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Apr. 13 2687 9:37AM Pii7il STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF LEGAL SERVICES IN THE MATTER OF: CASE NQ.: 87934-07-AG DAVID HENRY WILLIAMS _———/ ELECTION OF PROCEEDING Thave received and have read the Administrative Complaint filed by the Florida Department of Financial Services ("Department") against me, including the Notice of Rights contained therein, and T understand my options. 1 am requesting disposition of this matler as indicated below. (CHOOSE ONE) Lf] I do not dispute any of the Department’s factual allegations and I do not desire a hearing, [understand that by waiving my right to a hearing, the Department may enter a final order that adopts the Administrative Complaint and imposes the sanctions sought, including suspending or revoking my licenses and appointments as may be appropriate. 2, 1 do not dispute any of the Department's factual allegations and I heraby clect a procceding to be conducted in accordance with Section 120.57(2), Florida Statutes. In this regard, I desire to (CHOOSE ONE): [] Submit a written statement and documentary evidence in licu of a hearing; or [] Personally attend a hearing conducted by a department hearing officer in Tallahassee; or [] Attend thal. same hearing by way of a telephone conference call. 3,0] T do disrite ane or more of the Department's factual allegations. | hereby request a hearing pursuant to Section 120.57(1), Florida Statutes, to be held before the Division of Administrative Hearings. | have attached to this election form the information required by Rule 28-106.2015, Florida Administrative Code, as specified in subparagraph (c) of the Notice of Rights. Specifically, I have identified the disputed issues of material fact. TO PRESERVE YOUR RIGHT TO A HEARING, YOU MUST FILE YOUR RESPONSE WITH THE DEPARTMENT OF FINANCIAL SERVICES WITHIN TWENTY-ONE (2]) DAYS OF YOUR RECEIPT OF THE ADMINISTRATIVE COMPLAINT. THE RESPONSE MUST BE RECEIVED BY THE DEPARTMENT NO LATER THAN 5:00 P.M. ON THE TWENTY-FIRST DAY AFTER YOUR RECEIPT OF THE ADMINISTRATIVE COMPLAINT. The address For filing is: General Counsel acting as Agency Clerk, Florida Department of Pinancial Services, 612 Larson Building, 200 Gast Gaines Street, Tallahassee, Florida 32399-0333. Signature Print Name Date: spe ese cnngneee Address: Date Administrative Complaint Received: Tf you are represented by an attorney or qualified Phone No, representative, please attach to this clection form his or her name, address, telephone and fax numbers Pax No.:

Docket for Case No: 07-001695PL