FILED AUG. 14 2007 ‘REPRESENTING ALEX SINK SE EENAG — Cboktiep “LL IN THE MATTER OF: OT: Wray PL | JOAN LORRAINE DRAGONE CASE NO.: 87611-07-AG / Dt Dy” ie Bo “ < ADMINISTRATIVE COMPLAINT Lbs @ “ , . MED 1g TO: JOAN LORRAINE DRAGONE , Boe oO 3100 Southwest 20" Court Boa Fort Lauderdale, Florida 33312-3732 : w 4 fe) YOU, JOAN LORRAINE DRAGONE, license number AQ71793, are hereby notified - that the Chief Financial Officer of the State of Florida (“the Departmen ”), 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, JOAN LORRAINE DRAGONE, license identification number A071793 are currently licensed in this state as a Health (2-40) and General Lines (Property & Casualty) (2-20) insurance agent. ) . 2. At all times pertinent to the dates and occurrence referred to herein, you, J OAN LORRAINE DRAGONE, were licensed in this state as an insurance agent. 3. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial Services has jurisdiction over your insurance licenses and appointments. 4, For all of the relevant periods of time covered below, you, JOAN LORRAINE DRAGONE, operated and were owner, president and director of All Neighbors Discount Insurance, Inc. insurance agency (the agency) having a principal address listed with the Florida Secretary of State of 7116 Stirling Road, Davie, FL 33024. ° ) 5. At all times pertinent to the allegations of this complaint, you, JOAN LORRAINE DRAGONE, as owner and officer of the agency, were personally and fully liable and accountable for any wrongful acts, misconduct, or violations of any provisions of the Florida Insurance Code committed by you or by any person under your direct supervision and control while acting on behalf of the corporation. [Sections 626.734, Florida Statutes] ° . COUNT I 6. The above General Allegations are hereby realleged and fully incorporated herein by reference. 7. Suresh Parmanand purchased a 2002 Mercedes Benz $430 in 2004 in Virginia. That automobile was then driven to New York. It never came to Florida. In order to avoid high insurance premiums in New York, Mr. Suresh Parmanand arranged to have the automobile’ ‘registered and insured in Florida through a friend, one Brian Giacia, under the name of Suresh’s brother, Hemchand Parmanand. 8. Mr. Hemehand Parmanand never spoke with a representative of the agency and did not sign any insurance documents in conjunction with the Mercedes Benz. . 9. On or about December, 2004, you, IOAN LORRAINE DRAGONE, or someone under your supervision and control, submitted a false application and vehicle inspection report for automobile insurance on the above-described 2002 Mercedes to Gainsco Insurance Group (Gainsco) when you knew that the vehicle was located and being driven in New York, not Florida. . 10. © You, JOAN LORRAINE DRAGONE, never inspected the subject Mercedes Benz vehicle, but falsely represented that you had inspected the vehicle. You also knew that none of ihe] the insurance documents that you submitted to Gainsco were signed by Suresh Parmanand, although he did pay for the policy. IT IS THEREFORE CHARGED that you, JOAN LORRAINE DRAGONE, 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 as a health and property insurance agent: (a) Fraudulent or dishonest practices in the conduct of business under the license or permit [Section 626.611(9); Florida Statutes]; (b) 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 [Section 626.621(6), Florida Statutes]; (c) Demonstrated lack of fitness or trustworthiness to engage in the business of © insurance [Section 626.611(7)]. WHEREFORE, you, JOAN LORRAINE DRAGONE, are hereby notified that the Chief Financial Officer of the State of Florida, 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 626.61 1, 626.621, 626.681, 626.691, 626.692, and 626.9521, Florida Statutes, and under the other referenced sections of the Florida Statutes as set © out in this Administrative Complaint. You are further notified that any order entered in this case teyoking 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 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 . teceipt 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 acting as Agency Clerk, at the Florida Department of Financial Services, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0333. Your written , Tesponse 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 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 iri 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 hearin g identifying those material facts . that are in dispute. If there are none, the petition must so indicate. (d) A statement of when the respondent received notice of the administrative complaint. . (e) A statement including the file number to the administrative complaint. If a hearing of any type is requested, you have the tight 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 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 resporise 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. DATED and SIGNED this_ 4" day of August , 2007. IN 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 by Certified Mail to JOAN LORRAINE DRAGONE, 3100 Southwest 20" Court Fort Lauderdale, Florida 33312- 3732 on this 14" day of QLug ust , 2007. DAVID J. BUSCH, Division of Legal Services 612 Larson Building Tallahassee, Florida 32399-0333 (850) 413-4146

Docket for Case No: 07-004138PL