REPRESENTING
ALEX SINK
CHIEF FINANCIAL OFFICER STATE OF FLORIDA
IN THE MATTER OF:
CASE NO.: 93943-08-AG
· LLORELLA INSURANCE AGENCY
---------------------'/
ADMINISTRATIVE COMPLAINT
To: Mayra Quintana, Owner and Vice-President Orlando Quintana, President
Ariel Andres Torres, Secretary
MCQ CORPORATION d/b/a LLORELLA INSURANCE AGENCY
601 NW 109th Avenue, No. 6
Miami, FL 33172
Mayra Quintana, Owner and Vice-President Orlando Quintana, President
Ariel Andres Torres, Secretary
MCQ CORPORATION d/b/a LLORELLA INSURANCE AGENCY
515 SW 12th Avenue, Suite 525
Miami, Florida 33130
Rogelio A. Del Pino, Esq. Registered Agent
MCQ CORPORATION d/b/a LLORELLA INSURANCE AGENCY
5040 NW ih Street, Suite 750
Miami, FL 33126 US
LLORELLA INSURANCE AGENCY, license I.D. # L044739, is hereby notified that the Chief Financial Officer of the State of Florida has caused to be made an investigation of its activities while licensed as an insurance agency in this state, as a result of which it is alleged:
Filed July 3, 2008 3:46 PM Division of Administrative Hearings.
GENERAL ALLEGATIONS
Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial Services ("Department") has jurisdiction over your insurance licenses and appointments.
On or about April 26, 2006, Emelio Llorella sold Llorella Insurance Inc., d/b/a Llorella Insurance Agency, located at 515 SW 12th Avenue, Suite 525, Miami, Florida 33130, to Mayra Quintana.
At all times pertinent to the dates and occurrences referred to herein, Mayra Quintana was owner, partner, officer, director and vice-president of LLORELLA INSURANCE AGENCY located at 515 SW 12th Avenue, Suite 525, Miami, Florida 33130 ("LLORELLA INSURANCE AGENCY").
MCQ Corporation, a Florida Corporation, document number P06000052080, does business as LLORELLA INSURANCE AGENCY.
LLORELLA INSURANCE AGENCY 1s licensed by the Department as an insurance agency, license I.D. # L044739.
At all times pertinent to the dates and occurrences referred to herein, Mayra Quintana used the license number of another woman named Mayra Quintana who is licensed with the Department as a general lines agent, license I.D. # A213638.
At all times pertinent to the dates and occurrences referred to herein, Orlando Quintana was president of LLORELLA INSURANCE AGENCY.
At all times pertinent to the dates and occurrences referred to herein, Ariel Andres Torres was secretary ofLLORELLA INSURANCE AGENCY.
At all times pertinent to the dates and occurrences referenced herein, Mayra Quintana, Orlando Quintana, and Ariel Andres Torres did not hold any licenses or appointments
issued under or pursuant to Chapters 624-632, 634, 635, 636, 641, 642, 648 and 651, Florida Statutes (collectively referred to as "Florida Insurance Code").
At all times pertinent to the dates and occurrences referred to herein, Henry Llorella was. licensed by the Department as a life and health, health, and general lines insurance agent in this state, license I.D. # A156952, pursuant to Chapter 626, Florida Statutes,
From April 26, 2006 to July 16, 2007, Henry Llorella was a part-time employee of LLORELLA INSURANCE AGENCY.
From April 26, 2006 to July 16, 2007, Henry Llorella was the agent in charge for LLORELLA INSURANCE AGENCY.
Effective October 1, 2006, no individual, firm, partnership, corporation, association, or any other entity shall act in its own name or under a trade name, directly or indirectly, as an insurance agency, unless it complies with s. 626.172 with respect to possessing an insurance agency license for each place of business at which it engages in any activity which may be performed only by a licensed insurance agent.
From December 28, 2006 to the present date, LLORELLA INSURANCE AGENCY was licensed by the Department as a resident insurance agency, license I.D. # L044739.
For the activities that took place between April 26, 2006 and December 28, 2006, the Department has discretion to suspend, revoke, or refuse to continue the license of LLORELLA INSURANCE AGENCY if it finds any cause for which issuance of the license to LLORELLA INSURANCE AGENCY could have been refused had it then existed and been known to the Department.
American Southwest Insurance Managers of Florida, L.L.C. is the managing general agent for Windhaven Insurance Company.
American Southwest Insurance Managers of Florida, L.L.C. filed a complaint with the Florida Department of Financial Services alleging that Llorella Insurance Agency misappropriated over $28,000 in automobile insurance premiums by submitting applications with the incorrect garaging address, for the purpose of obtaining lower premium rates, from the period of June 2006 to April 2007. Additionally, American Southwest Insurance Managers of Florida, L.L.C. honored over $60,000 in insurance claims on these policies.
COUNT!
The above general allegations are hereby realleged and fully incorporated herein by reference.
On or about April 8, 2006, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted an Agency Agreement to First Commercial Underwriters listing Mayra Quintana as a customer representative using the general lines. agent license number of another woman named Mayra Quintana.
IT IS THEREFORE CHARGED that LLORELLA INSURANCE AGENCY has violated
or are accountable under one or more of the following provisions of the Florida Statutes or Florida Administrative Code, which constitute grounds for the suspension or revocation of your licenses as a Florida insurance agency:
Knowingly filing with any supervisory or other public official, making, publishing, disseminating, circulating, delivering to any person, placing before the public, causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any
person, or placed before the public, a false material statement. [Section 626.9541(1)(e)l., Florida Statutes]
Any cause for which issuance of the license could have been refused had it then existed and been known to the department. [Section 626.6215(1), Florida Statutes]
Using the license to circumvent any of the requirements or prohibitions of this code. [Section 626.6215(2), Florida Statutes]
Violating provisions of this code or of any other law applicable to the business of insurance in the course of dealing under the license. [Section 626.6215(5)(d), Florida Statutes]
(e.) Engaging in unfair methods of competition or in unfair or deceptive acts or
practices as prohibited underpart IX of this chapter, in the conduct of business under the license. [Section 626.6215(5)(h), Florida Statutes]
Violating the department rule by having unlicensed personnel to act as, advertise or hold themselves out to be an insurance agent or customer representative, or engage in the solicitation of insurance [Section 626.6215(5)(e), Florida Statutes and Rule 69B-222.060, Florida Administrative Code]
Fraudulent or dishonest practices in the conduct of business arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)0), Florida Statutes]
Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)(k), Florida Statutes]
Failing to take corrective action or report a violation to the department within 30 days after an individual licensee's violation is known or should have been known by one or more
of the partners, officers, or managers acting on behalf of the agency. [Section 626.6215(6), Florida Statutes]
G) Failing to be in the active full-time charge of a licensed general lines agent or
life or health agent who is appointed to represent one or more insurers. [Section 626.747, Florida Statutes]
COUNT II
The above general allegations are hereby realleged and fully incorporated herein by reference.
On or about February 2, 2007, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, sold Consumer Terencio G.C. of Miami, Florida, an automobile insurance policy with Windhaven Insurance Company.
On or about February 2, 2007, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Terencio G.C.'s application, with an incorrect garaging address in Florida City, Florida, to American Southwest Insurance Managers of Florida, L.L.C.
As a result of this application, Consumer Terencio G.C.'s premium and fees totaled $1155 rather than the correct amount of $1590.
After the address correction and premium increase, Consumer Terencio G.C.'s policy was cancelled due to non-payment.·
American Southwest Insurance Managers of Florida, L.L.C. and Windhaven Insurance Company honored an accident claim of Consumer Terencio G.C. in the amount of
$32,983.57.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Terencio G.C.'s fraudulent application using the general lines agent license number of another woman named Mayra Quintana.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, signed and submitted Consumer Terencio G.C.'s fraudulent application with the signature and general lines agent Hcense number of Henry Llorella using a rubber stamp provided to Mayra Quintana.
IT IS THEREFORE CHARGED that LLORELLA INSURANCE AGENCY has violated
or are accountable under one or more of the following provisions of the Florida Statutes or Florida Administrative Code, which constitute grounds for the suspension or revocation of your licenses as a Florida insurance agency:
Knowingly filing with any supervisory or other public official, making, publishing, disseminating, circulating, delivering to any person, placing before the public, causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, a false material statement. [Section 626.9541(1)(e)l., Florida Statutes]
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)l., Florida Statutes]
Knowingly collecting premiums and charges from a Florida resident less than those specified in the policy and as fixed by the insurer. [Section 626.9541(1)(o)2., Florida Statutes]
Any cause for which issuance of the license could have been refused had it then existed and been known to the department. [Section 626.6215(1), Florida Statutes]
Using the license to circumvent any of the requirements or prohibitions of this code. [Section 626.6215(2), Florida Statutes]
Misappropriating, converting, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in the conduct of business under the license. [Section 626.6215(5)(a), Florida Statutes]
Misrepresenting an insurance policy, or deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising. [Section 626.6215(5)(c), Florida Statutes]
Violating provisions of this code or of any other law applicable to the business of insurance in the course of dealing under the license. [Section 626.6215(5)(d), Florida Statutes]
Violating the department rule by having unlicensed personnel to act as, advertise or hold themselves out to be an insurance agent or customer representative, or engage in the solicitation of insurance [Section 626.6215(5)(e), Florida Statutes and Rule 69B-222.060, Florida Administrative Code]
G) Engaging in unfair methods of competition or in unfair or deceptive acts or
practices as prohibited under part IX of this chapter, in the conduct of business under the license. [Section 626.6215(5)(h), Florida Statutes]
(k) Fraudulent or dishonest practices in the conduct of business arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)0), Florida Statutes]
(1) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)(k), Florida Statutes]
Failing to take corrective action or report a violation to the department within 30 days after an individual licensee's violation is known or should have been known by one or more of the partners, officers, or managers acting on behalf of the agency. [Section 626.6215(6), Florida Statutes]
Failing to be in the active full-time charge of a licensed general lines agent or life or health agent who is appointed to represent one or more insurers. [Section 626.747, Florida Statutes]
COUNT III
The above general allegations are hereby realleged and fully incorporated herein by reference.
On or about March 2, 2007, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, sold Consumer Maria G. of Hialeah, Florida, an automobile insurance policy with Windhaven Insurance Company.
During this transaction, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, stated that entering a garaging address different from the true garaging address would entitle Consumer Maria G. to a lower premium.
During this transaction, after Consumer Maria G. informed Quintana that the vehicle belonged to Consumer Maria G.'s brother who possessed an international license, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, stated that Consumer Maria G.
would be entitled to a lower premium if Quintana wrote the policy in Consumer Maria G.'s name.
During this transaction, Mayra Quintana, on behalf ofLLORELLA INSURANCE AGENCY, stated that Consumer Maria G.'s brother would be covered under this policy.
During this transaction, Mayra Quintana, on behalf ofLLORELLA INSURANCE AGENCY, issued Consumer Maria G. a card that showed Consumer Maria G.'s brother as a covered driver on the policy.
American Southwest Insurance Managers of Florida, L.L.C. would not have insured Consumer Maria G.'s brother because it did not accept international licenses at that time.
On or about March 2, 2007, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Maria G.'s application, with the incorrect insured and incorrect garaging address, to American Southwest Insurance Managers of Florida, L.L.C.
As a result of this application, Consumer Maria G.'s premium and fees totaled
$1106 rather than the correct amount of $3805.
After the address correction and premium increase, Consumer Maria G.'s policy was cancelled due to non-payment.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Maria G.'s fraudulent application using the general lines agent license number of another woman named Mayra Quintana.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, signed and submitted Consumer Maria G.'s fraudulent application with the signature and general lines agent license number of Hemy Llorella using a rubber stamp provided to Mayra Quintana.
IT IS THEREFORE CHARGED that LLORELLA INSURANCE AGENCY has violated
or are accountable under one or more of the following provisions of the Florida Statutes or Florida Administrative Code, which constitute grounds for the suspension or revocation of your licenses as a Florida insurance agency:
Knowingly filing with any supervisory or other public official, making, publishing, disseminating, circulating, delivering to any person, placing before the public, causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, a false material statement. [Section 626.9541(1)(e)1., Florida Statutes]
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)l., Florida Statutes]
Knowingly collecting premiums and charges from a Florida resident less than those specified in the policy and as fixed by the insurer. [Section 626.9541(1)(0)2., Florida Statutes]
Any cause for which issuance of the license could have been refused had it then existed and been known to the department. [Section 626.6215(1), Florida Statutes]
Using the license to circumvent any of the requirements or prohibitions of this code. [Section 626.6215(2), Florida Statutes]
Misappropriating, converting, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in the conduct of business under the license. [Section 626.6215(5)(a), Florida Statutes]
Misrepresenting an insurance policy, or deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising. [Section 626.6215(5)(c), Florida Statutes]
Violating provisions of this code or of any other law applicable to the business of insurance in the course of dealing under the license. [Section 626.6215(5)(d), Florida Statutes]
Violating the department rule by having unlicensed personnel to act as, advertise or hold themselves out to be an insurance agent or customer representative, or engage in the solicitation of insurance [Section 626.6215(5)(e), Florida Statutes and Rule 69B-222.060, Florida Administrative Code]
G) Violating the department rule by having unlicensed personnel to act as,
advertise or hold themselves out to be an insurance agent or customer representative, or engage in the solicitation of insurance [Section 626.6215(5)(e), Florida Statutes and Rule 69B-222.060, Florida Administrative Code]
Engaging in unfair methods of competition or in unfair or deceptive acts or practices as prohibited under part IX of this chapter, in the conduct of business under the license. [Section 626.6215(5)(h), Florida Statutes]
Fraudulent or dishonest practices in the conduct of business arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)0), Florida Statutes]
Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)(k), Florida Statutes]
Failing to take corrective action or report a violation to the department within 30 days after an individual licensee's violation is known or should have been known by one or more
of the partners, officers, or managers acting on behalf of the agency. [Section 626.6215(6), Florida Statutes]
Failing to be in the active full-time charge of a licensed general lines agent or life or health agent who is appointed to represent one or more insurers. [Section 626.747, Florida Statutes]
COUNT IV
The above general allegations are hereby realleged and fully incorporated herein by reference.
On or about March 6, 2007, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, sold Consumer Radames S. of Miami, Florida, an automobile insurance policy with Windhaven Insurance Company.
During this transaction, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, never informed Consumer Radames S. that she was using a garaging address different from the true garaging address.
On or about March 6, 2007, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Radames S.'s application, with an incorrect garaging address, to American Southwest Insurance Managers of Florida, L.L.C.
As a result of this application, Consumer Radames S.'s premium and fees totaled
$516 rather than the correct amount of $1130.
American Southwest Insurance Managers of Florida, L.L.C. and Windhaven Insurance Company honored an accident claim of Consumer Radames S. in the amount of
$517.94.
You, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Radames S.'s fraudulent application using the general lines agent license number of another woman named Mayra Quintana.
You, Mayra Quintana, on behalf ofLLORELLA INSURANCE AGENCY, signed and submitted Consumer Radarnes S.'s fraudulent application with the signature and general lines agent license number of Henry Llorella using a rubber stamp provided to Mayra Quintana.
IT IS THEREFORE CHARGED that LLORELLA INSURANCE AGENCY has violated
or are accountable under one or more of the following provisions of the Florida Statutes or Florida Administrative Code, which constitute grounds for the suspension or revocation of your licenses as a Florida insurance agency:
Knowingly filing with any supervisory or other public official, making, publishing, disseminating, circulating, delivering to any person, placing before the public, causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, a false material statement. [Section 626.9541(1)(e)l., Florida Statutes]
Knowingly making a false or fraudulent written o. r 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)l., Florida Statutes]
Knowingly collecting premiums and charges from a Florida resident less than those specified in the policy and as fixed by the insurer. [Section 626.9541(1)(0)2., Florida Statutes]
Any cause for which issuance of the license could have been refused had it then existed and been known to the department. [Section 626.6215(1), Florida Statutes]
Using the license to circumvent any of the requirements or prohibitions of this code. [Section 626.6215(2), Florida Statutes]
Misappropriating, converting, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in the conduct of business under the license. [Section 626.6215(5)(a), Florida Statutes]
Misrepresenting an insurance policy, or deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising. [Section 626.6215(5)(c), Florida Statutes]
Violating provisions of this code or of any other law applicable to the business of insurance in the course of dealing under the license. [Section 626.6215(5)(d), Florida Statutes]
Violating the department rule by having unlicensed personnel to act as, advertise or hold themselves out to be an insurance agent or customer representative, or engage in the solicitation of insurance [Section 626.6215(5)(e), Florida Statutes and Rule 69B-222.060, Florida Administrative Code]
G) Engaging in unfair methods of competition or in unfair or deceptive acts or
practices as prohibited under part IX of this chapter, in the conduct of business under the license. [Section 626.6215(5)(h), Florida Statutes]
Fraudulent or dishonest practices in the conduct of business arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)0), Florida Statutes]
Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)(k), Florida Statutes]
Failing to take corrective action or report a violation to the department within 30 days after an individual licensee's violation is known or should have been known by one or more of the partners, officers, or managers acting on behalf of the agency. [Section 626.6215(6), Florida Statutes]
Failing to be in the active full-time charge of a licensed general lines agent or life or health agent who is appointed to represent one or more insurers. [Section 626.747, Florida Statutes]
COUNTY
The above general allegations are hereby realleged and fully incorporated herein by reference.
On or about March 7, 2007, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, sold Consumer Mercedes C. of Miami, Florida, an automobile insurance policy with Windhaven Insurance Company.
On or about March 7, 2007, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, signed and issued Consumer Mercedes C. a receipt for $264.
During this transaction, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, stated that entering a garaging address different from the true garaging address would entitle Consumer Mercedes C. to a lower premium. When Consumer Mercedes C. inquired if this was proper, you, MAYRA QUINTANA, assured her it was no problem.
On or about March 7, 2007, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Mercedes C.'s application, with an incorrect garaging address, to American Southwest Insurance Managers of Florida, L.L.C.
As a result of this application, Consumer Mercedes C.'s premium and fees totaled
$707 rather than the correct amount of $1644.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Mercedes C.'s fraudulent application using the general lines agent license number of another woman named Mayra Quintana.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, signed and submitted Consumer Mercedes C.'s fraudulent application with the signature and general lines agent license number of Henry Llorella using a rubber stamp provided to Mayra Quintana.
IT IS THEREFORE CHARGED that LLORELLA INSURANCE AGENCY has violated
or are accountable under one or more of the following provisions of the Florida Statutes or Florida Administrative Code, which constitute grounds for the suspension or revocation of your licenses as a Florida insurance agency:
Knowingly filing with any supervisory or other public official, making, publishing, disseminating, circulating, delivering to any person, placing before the public, causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, a false material statement. [Section 626.9541(1)(e)l., Florida Statutes]
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]
Knowingly collecting premiums and charges from a Florida resident less than those specified in the policy and as fixed by the insurer. [Section 626.9541(1)(o)2., Florida Statutes]
Any cause for which issuance of the license could have been refused had it then existed and been known to the department. [Section 626.6215(1), Florida Statutes]
Using the license to circumvent any of the requirements or prohibitions of this code. [Section 626.6215(2), Florida Statutes]
(t) Misappropriating, converting, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in the conduct of business under the license. [Section 626.6215(5)(a), Florida Statutes]
Misrepresenting an insurance policy, or deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising. [Section 626.6215(5)(c), Florida Statutes]
Violating provisions of this code or of any other law applicable to the business of insurance in the course of dealing under the license. [Section 626.6215(5)(d), Florida Statutes]
Violating the department rule by having unlicensed personnel to act as, advertise or hold themselves out to be an insurance agent or customer representative, or engage in the solicitation of insurance [Section 626.6215(5)(e), Florida Statutes and Rule 69B-222.060, Florida Administrative Code]
G) Engaging in unfair methods of competition or in unfair or deceptive acts or practices as prohibited under part IX of this chapter, in the conduct of business under the license.
[Section 626.6215(5)(h), Florida Statutes]
Fraudulent or dishonest practices in the conduct of business arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)0), Florida Statutes]
Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)(k), Florida Statutes]
Failing to take corrective action or report a violation to the department within 30 days after an individual licensee's violation is known or should have been known by one or more of the partners, officers, or managers acting on behalf of the agency. [Section 626.6215(6), Florida Statutes]
Failing to be in the active full-time charge of a licensed general lines agent or life or health agent who is appointed to represent one or more insurers. [Section 626.747, Florida Statutes]
COUNT VI
The above general allegations are hereby realleged and fully incorporated herein by reference.
On or about March 7, 2007, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, sold Consumer Carlos R.J. of Miami, Florida, an automobile insurance policy with Windhaven Insurance Company.
During this transaction, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, never informed Consumer Carlos R.J. that she was using a garaging address different from the true garaging address.
On or about March 7, 2007, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Carlos R.J.'s application, with an incorrect garaging address, to American Southwest Insurance Managers of Florida, L.L.C.
As a result of this application, Consumer Carlos R.J.'s premium and fees totaled
$898 rather than the correct amount of $2164.
After the policy was issued, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, infomed Consumer Carlos R.J. that the premium had increased due to a problem with his license.
On May 25, 2007, Consumer Carlos R.J. cancelled this policy and purchased insurance from another agency who assured him there was no problem with his license or driving record.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Carlos R.J.'s fraudulent application using the general lines agent license number of another woman named Mayra Quintana.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, signed and submitted Consumer Carlos R.J.'s fraudulent application with the signature and general lines agent license number of Henry Llorella using a rubber stamp provided to Mayra Quintana.
IT IS THEREFORE CHARGED that LLORELLA INSURANCE AGENCY has violated
or are accountable under one or more of the following provisions of the Florida Statutes or
Florida Administrative Code, which constitute grounds for the suspension or revocation of your licenses as a Florida insurance agency:
Knowingly filing with any supervisory or other public official, making, publishing, disseminating, circulating, delivering to any person, placing before the public, causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, a false material statement. [Section 626.9541(1)(e)1., Florida Statutes]
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]
Knowingly collecting premiums and charges from a Florida resident less than those specified in the policy and as fixed by the insurer. [Section 626.9541(1)(0)2., Florida Statutes]
Any cause for which issuance of the license could have been refused had it then existed and been known to the department. [Section 626.6215(1), Florida Statutes]
Using the license to circumvent any of the requirements or prohibitions of this code. [Section 626.6215(2), Florida Statutes]
Misappropriating, converting, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in the conduct of business under the license. [Section 626.6215(5)(a), Florida Statutes]
Misrepresenting an insurance policy, or deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising. [Section 626.6215(5)(c), Florida Statutes]
Violating provisions of this code or of any other law applicable to the business of insurance in the course of dealing under the license. [Section 626.6215(5)(d), Florida Statutes]
Violating the department rule by having · unlicensed personnel to act as, advertise or hold themselves out to be an insurance agent or customer representative, or engage in the solicitation of insurance [Section 626.6215(5)(e), Florida Statutes and Rule 69B-222.060, Florida Administrative Code]
G) Engaging in unfair methods of competition or in unfair or deceptive acts or practices as prohibited under part IX of this chapter, in the conduct of business under the license. [Section 626.6215(5)(h), Florida Statutes]
Fraudulent or dishonest practices in the conduct of business arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)0), Florida Statutes]
Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)(k), Florida Statutes]
Failing to take corrective action or report a violation to the department within 30 days after an individual licensee's violation is known or should have been known by one or more of the partners, officers, or managers acting on behalf of the agency. [Section 626.6215(6), Florida Statutes]
Failing to be in the active full-time charge of a licensed general lines agent or life or health agent who is appointed to represent one or more insurers. [Section 626.747, Florida Statutes]
COUNT VII
The above general allegations are hereby realleged and fully incorporated herein by reference.
On or about April 11 2007, Mayra Quintana, on behalf of LLORELLA · INSURANCE AGENCY, sold Consumer Alain A.S. of Miami, Florida, an automobile insurance policy with Windhaven Insurance Company.
During this transaction, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, never informed Consumer Alain A.S. that she was using a garaging address different from the true garaging address.
On or about April 11, 2007, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Alain A.S.'s application, with the incorrect garaging address, to American Southwest Insurance Managers of Florida, L.L.C.
As a result of this application, Consumer Alain A.S.'s premium and fees totaled
$1158 rather than the correct amount of $2548.
After the address correction and premium increase, Consumer Alain A.S.'s policy was cancelled due to non-payment.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Alain A.S.'s fraudulent application using the general lines agent license number of another woman named Mayra Quintana.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, signed and submitted Consumer Alain A.S.'s fraudulent application with the signature and general lines agent license number of Henry Llorella using a rubber stamp provided to Mayra Quintana.
IT IS THEREFORE CHARGED that LLORELLA INSURANCE AGENCY has violated
or are accountable under one or more of the following provisions of the Florida Statutes or Florida Administrative Code, which constitute grounds for the suspension or revocation of your licenses as a Florida insurance agency:
Knowingly filing with any supervisory or other public official, making, publishing, disseminating, circulating, delivering to any person, placing before the public, causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, a false material statement. [Section 626.9541(l)(e)l., Florida Statutes]
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)l., Florida Statutes]
Knowingly collecting premiums and charges from a Florida resident less than those specified in the policy and as fixed by the insurer. [Section 626.9541(1)(0)2., Florida Statutes]
Any cause for which issuance of the license could have been refused had it then
existed and been known to the department. [Section 626.6215(1), Florida Statutes]
Using the license to circumvent any of the requirements or prohibitions of this code. [Section 626.6215(2), Florida Statutes]
Misappropriating, converting, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in the conduct of business under the license. [Section 626.6215(5)(a), Florida Statutes]
Misrepresenting an insurance policy, or deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising. [Section 626.6215(5)(c), Florida Statutes]
Violating provisions of this code or of any other law applicable to the business of insurance in the course of dealing under the license. [Section 626.6215(5)(d), Florida Statutes]
Violating the department rule by having unlicensed personnel to act as, advertise or hold themselves out to be an insurance agent or customer representative, or engage in the solicitation of insurance [Section 626.6215(5)(e), Florida Statutes and Rule 69B-222.060, Florida Administrative Code]
G) Engaging in unfair methods of competition or in unfair or deceptive acts or
practices as prohibited under part IX of this chapter, in the conduct of business under the license. [Section 626.6215(5)(h), Florida Statutes]
Fraudulent or dishonest practices in the conduct of business arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)0), Florida Statutes]
Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)(k), Florida Statutes]
Failing to take corrective action or report a violation to the department within 30 days after an individual licensee's violation is known or should have been known by one or more
of the partners, officers, or managers acting on behalf of the agency. [Section 626.6215(6), Florida Statutes]
Failing to be in the active full-time charge of a licensed general lines agent or life or health agent who is appointed to represent one or more insurers. [Section 626.747, Florida Statutes]
COUNT VIII
The above general allegations are hereby realleged and fully incorporated herein by reference.
On or about March 25, 2007, Doral Hyundai Dealership contacted Llorella Insurance Agency on behalf of Consumer Alma T.G.
On or about March 26, 2007, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, sold Consumer Alma T.G. of Miami, Florida, an automobile insurance policy with Windhaven Insurance Company. Consumer Alma T.G. was out of town that day and the application was signed on her behalf by her son.
On or about March 26, 2007, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Alma T.G.'s application, with an incorrect garaging address, to American Southwest Insurance Managers of Florida, L.L.C.
As a result of this application, Consumer Alma T.G.'s premium and fees totaled
$801 rather than the correct amount of $1258.
After the address correction and premium increase, Consumer Alma T.G.'s policy was cancelled due to non-payment.
On May 31, 2007, Doral Hyundai Dealership called Consumer Alma T.G. to tell her that her car would be taken away because she had no insurance.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Alma T.G.'s fraudulent application using the general lines agent license number of another woman named Mayra Quintana.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, signed and submitted Consumer Alma T.G.'s fraudulent application with the signature and general lines agent license number of Henry Llorella using a rubber stamp provided to Mayra Quintana.
IT IS THEREFORE CHARGED that LLORELLA INSURANCE AGENCY has violated
or are accountable under one or more of the following provisions of the Florida Statutes or Florida Administrative Code, which constitute grounds for the suspension or revocation of your licenses as a Florida insurance agency:
Knowingly filing with any supervisory or other public official, making, publishing, disseminating, circulating, delivering to any person, placing before the public, causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, a false material statement. [Section 626.9541(1)(e)l., Florida Statutes]
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]
Knowingly collecting premiums and charges from a Florida resident less than those specified in the policy and as fixed by the insurer. [Section 626.9541(1)(0)2., Florida Statutes]
Any cause for which issuance of the license could have been refused had it then existed and been known to the department. [Section 626.6215(1), Florida Statutes]
Using the license to circumvent any of the requirements or prohibitions of this code. [Section 626.6215(2), Florida Statutes]
Misappropriating, converting, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in the conduct of business under the license. [Section 626.6215(5)(a), Florida Statutes]
Misrepresenting an insurance policy, or deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising. [Section 626.6215(5)(c), Florida Statutes]
Violating provisions of this code or of any other law applicable to the business of insurance in the course of dealing under the license. [Section 626.6215(5)(d), Florida Statutes]
Violating the department rule by having unlicensed personnel to act as, advertise or hold themselves out to be an insurance agent or customer representative, or engage in the solicitation of insurance [Section 626.6215(5)(e), Florida Statutes and Rule 69B-222.060, Florida Administrative Code]
G) Engaging in unfair methods of competition or in unfair or deceptive acts or
practices as prohibited under part IX of this chapter, in the conduct of business under the license. [Section 626.6215(5)(h), Florida Statutes]
Fraudulent or dishonest practices in the conduct of business arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)G), Florida Statutes]
Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)(k), FloridaStatutes]
Failing to take corrective action or report a violation to the department within 30 days after an individual licensee's violation is known or should have been known by one or more of the partners, officers, or managers acting on behalf of the agency. [Section 626.6215(6), Florida Statutes]
Failing to be in the active full-time charge of a licensed general lines agent or life or health agent who is appointed to represent one or more insurers. [Section 626.747, Florida Statutes]
COUNT IX
The above general allegations are hereby realleged and fully incorporated herein by reference.
On or about April 7, 2007, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, sold Consumer Cecilio B. of Hialeah, Florida, an automobile insurance policy with Windhaven Insurance Company.
On or about April 7, 2007, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, signed and issued Consumer Cecilio B. a receipt for $305.
During this transaction, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, never informed Consumer Cecilio B. that she was using a garaging address different from the true garaging address.
On or about April 7, 2007, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Cecilio B.'s application, with an incorrect garaging address, to American Southwest Insurance Managers of Florida, L.L.C.
On May 1, 2007, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, informed Consumer Cecilio B. that the premium had increased due to a new law.
On May 2, 2007, Consumer Cecilio B. visited a Progressive Insurance agent who helped him discover that Mayra Quintana had used an incorrect address.
After the address correction and premium increase, Consumer Cecilio B.'s policy was cancelled due to non-payment. Consumer Cecilio B. was unable to afford new insurance and as a result, lost both his automobile and then his job.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Cecilio B.'s fraudulent application using the general lines agent license number of another woman named Mayra Quintana.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, signed and submitted Consumer Cecilio B.'s fraudulent application with the signature and general lines agent license number of Henry Llorella using a rubber stamp provided to Mayra Quintana.
IT IS THEREFORE CHARGED that LLORELLA INSURANCE AGENCY has violated
or are accountable under one or more of the following provisions of the Florida Statutes or Florida Administrative Code, which constitute grounds for the suspension or revocation of your licenses as a Florida insurance agency:
Knowingly filing with any supervisory or other public official, making, publishing, disseminating, circulating, delivering to any person, placing before the public, causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, a false material statement. [Section 626.9541(1)(e)l., Florida Statutes]
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]
Knowingly collecting premiums and charges from a Florida resident less than those specified in the policy and as fixed by the insurer. [Section 626.9541(1)(0)2., Florida Statutes]
Any cause for which issuance of the license could have been refused had it then existed and been known to the department. [Section 626.6215(1), Florida Statutes]
Using the license to circumvent any of the requirements or prohibitions of this code. [Section 626.6215(2), Florida Statutes]
Misappropriating, converting, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in the conduct of business under the license. [Section 626.6215(5)(a), Florida Statutes]
Misrepresenting an insurance policy, or deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising. [Section 626.6215(5)(c), Florida Statutes]
Violating provisions of this code or of any other law applicable to the business of insurance in the course of dealing under the license. [Section 626.6215(5)(d), Florida Statutes]
Violating the department rule by having unlicensed personnel to act as, advertise or hold themselves out to be an insurance agent or customer representative, or engage in the solicitation of insurance [Section 626.6215(5)(e), Florida Statutes and Rule 69B-222.060, Florida Administrative Code]
G) Engaging in unfair methods of competition or in unfair or deceptive acts or
practices as prohibited under part IX of this chapter, in the conduct of business under the license. [Section 626.6215(5)(h), Florida Statutes]
Fraudulent or dishonest practices in the conduct of business arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)0), Florida Statutes]
Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)(k), Florida Statutes]
Failing to take corrective action or report a violation to the department within 30 days after an individual licensee's violation is known or should have been known by one or more of the partners, officers, or managers acting on behalf of the agency. [Section 626.6215(6), Florida Statutes]
Failing to be in the active full-time charge of a licensed general lines agent or life or health agent who is appointed to represent one or more insurers. [Section 626.747, Florida Statutes]
COUNTX
The above general allegations are hereby realleged and fully incorporated herein by reference.
On or about November 14, 2006, you, MAYRA QUINTANA, sold Consumer Adan C. of Miami, Florida, an automobile insurance policy with Windhaven Insurance Company.
On or about November 14, 2006, you, MAYRA QUINTANA, submitted Consumer Adan C.'s application, with an incorrect garaging address in Key West, Florida, to. American Southwest Insurance Managers of Florida, L.L.C.
As a result of this application, Consumer Adan C.'s premium and fees totaled
$822 rather than the correct amount of $1936.
After the address correction and premium increase, Consumer Adan C.'s policy was cancelled due to non-payment.
American Southwest Insurance Managers of Florida, L.L.C. and Windhaven Insurance Company honored an accident claim of Consumer Adan C. in the amount of
$10,682.29.
You, MAYRA QUINTANA, submitted Consumer Adan C.'s fraudulent application using the general lines agent license number of another woman named Mayra Quintana.
You, MAYRA QUINTANA, signed and submitted Consumer Adan C.'s fraudulent application with the signature and general lines agent license number of Henry Llorella using a rubber stamp provided to Mayra Quintana.
IT IS THEREFORE CHARGED that LLORELLA INSURANCE AGENCY has violated
or are accountable under one or more of the following provisions of the Florida Statutes or Florida Administrative Code, which constitute grounds for the suspension or revocation of your
. licenses as a Florida insurance agency:
Knowingly filing with any supervisory or other public official, making, publishing, disseminating, circulating, delivering to any person, placing before the public, causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, a false material statement. [Section 626.9541(l)(e)l., Florida Statutes]
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]
Knowingly collecting premiums and charges from a Florida resident less than those specified in the policy and as fixed by the insurer. [Section 626.9541(1)(0)2., Florida Statutes]
Any cause for which issuance of the license could have been refused had it then existed and been known to the department. [Section 626.6215(1), Florida Statutes]
Using the license to circumvent any of the requirements or prohibitions of this code. [Section 626.6215(2), Florida Statutes]
Misappropriating, converting, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in the conduct of business under the license. [Section 626.6215(5)(a), Florida Statutes]
Misrepresenting an insurance policy, or deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising. [Section 626.6215(5)(c), Florida Statutes]
Violating provisions of this code or of any other law applicable to the business of insurance in the course of dealing under the license. [Section 626.6215(5)(d), Florida Statutes]
Violating the department rule by having unlicensed personnel to act as, advertise or hold themselves out to be an insurance agent or customer representative, or engage in the solicitation of insurance [Section 626.6215(5)(e), Florida Statutes and Rule 69B-222.060, Florida Administrative Code]
G) Engaging in unfair methods of competition or in unfair or deceptive acts or practices as prohibited under part IX of this chapter, in the conduct of business under the license. [Section 626.6215(5)(h), Florida Statutes]
Fraudulent or dishonest practices in the conduct of business arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)0), Florida Statutes]
Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)(k), Flori a Statutes]
Failing to take corrective action or report a violation to the department within 30 days after an individual licensee's violation is known or should have been known by one or more of the partners, officers, or managers acting on behalf of the agency. [Section 626.6215(6), Florida Statutes]
Failing to be in the active full-time charge of a licensed general lines agent or life or health agent who is appointed to represent one or more insurers. [Section 626.747, Florida Statutes]
COUNT XI
The above general allegations are hereby realleged and fully incorporated herein by reference.
On or about December 16, 2006, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, sold Consumer Jose B. of Hialeah, Florida, an automobile insurance policy with Windhaven Insurance Company.
On or about December 16, 2006, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Jose B.'s application, with an incorrect garaging address in Oke[e]chobee, Florida, to American Southwest Insurance Managers of Florida, L.L.C.
As a result of this application, Consumer Jose B.'s premium and fees totaled
$1484 rather than the correct amount of $2584.
After the address correction and premium increase, Consumer Jo'se B.'s policy was cancelled due to non-payment.
American Southwest Insurance Managers of Florida, L.L.C. and Windhaven Insurance Company honored an accident claim of Consumer Jose B. in the amount of
$17,854.48.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Jose B.'s fraudulent application using the general lines agent license number of another woman named Mayra Quintana.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, signed and submitted Consumer Jose B.'s fraudulent application with the signature and general lines agent license number of Henry Llorella using a rubber stamp provided to Mayra Quintana.
IT IS THEREFORE CHARGED that LLORELLA INSURANCE AGENCY has violated
or are accountable under one or more of the following provisions of the Florida Statutes or Florida Administrative Code, which constitute grounds for the suspension or revocation of your licenses as a Florida insurance agency:
Knowingly filing with any supervisory or other public official, making, publishing, disseminating, circulating, delivering to any person, placing before the public, causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, a false material statement. [Section 626.9541(1)(e)l., Florida Statutes]
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)l., Florida Statutes]
Knowingly collecting premiums and charges from a Florida resident less than those specified in the policy and as fixed by the insurer. [Section 626.9541(1)(0)2., Florida Statutes]
Any cause for which issuance of the license could have been refused had it then existed and been known to the department. [Section 626.6215(1), Florida Statutes]
Using the license to circumvent any of the requirements or prohibitions of this code. [Section 626.6215(2), Florida Statutes]
Misappropriating, converting, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in the conduct of business under the license. [Section 626.6215(5)(a), Florida Statutes]
Misrepresenting an insurance policy, or deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising. [Section 626.6215(5)(c), Florida Statutes]
Violating provisions of this code or of any other law applicable to the business of insurance in the course of dealing under the license. [Section 626.6215(5)(d), Florida Statutes]
Violating the department rule by having unlicensed personnel to act as, advertise or hold themselves out to be an insurance agent or customer representative, or engage in the solicitation of insurance [Section 626.6215(5)(e), Florida Statutes and Rule 69B-222.060, Florida Administrative Code]
G) Engaging in unfair methods of competition or in unfair or. deceptive acts or practices as prohibited under part IX of this chapter, in the conduct of business under the license. [Section 626.6215(5)(h), Florida Statutes]
Fraudulent or dishonest practices in the conduct of business arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)G), Florida Statutes]
Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)(k), Florida Statutes]
Failing to take corrective action or report a violation to the department within 30 days after an individual licensee's violation is known or should have been known by one or more
of the partners, officers, or managers acting on behalf of the agency. [Section 626.6215(6), Florida Statutes]
Failing to be in the active full-time charge of a licensed general lines agent or life or health agent who is appointed to represent one or more insurers. [Section 626.747, Florida Statutes]
COUNT XII
The above general allegations are hereby realleged and fully incorporated herein by reference.
On or about June 13, 2006, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, sold Consumer Orlando Z. of Miami, Florida, an automobile insurance policy with Windhaven Insurance Company.
On or about June 13, 2006, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Orlando Z.'s application, with an incorrect garaging address in Miami, Florida, to American Southwest Insurance Managers of Florida, L.L.C.
As a result of this application, Consumer Orlando Z.'s premium and fees totaled
$773 rather than the correct amount of $1408.
After the address correction and premium increase, Consumer Orlando Z.'s policy was cancelled due to non-payment.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Orlando Z.'s fraudulent application using the general lines agent license number of another woman named Mayra Quintana.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, signed and submitted Consumer Orlando Z.'s fraudulent application with the signature and general lines agent license number of Henry Llorella using a rubber stamp provided to Mayra Quintana.
IT IS THEREFORE CHARGED that LLORELLA INSURANCE AGENCY has violated
or are accountable under one or more of the following provisions of the Florida Statutes or Florida Administrative Code, which constitute grounds for the suspension or revocation of your licenses as a Florida insurance agency:
Knowingly filing with any supervisory or other public official, making, publishing, disseminating, circulating, delivering to any person, placing before the public, causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, a false material statement. [Section 626.9541(1)(e)l., Florida Statutes]
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]
Knowingly collecting premiums and charges from a Florida resident less than those specified in the policy and as fixed by the insurer. [Section 626.9541(1)(0)2., Florida Statutes]
Any cause for which issuance of the license could have been refused had it then existed and been known to the department. [Section 626.6215(1), Florida Statutes]
Using the license to circumvent any of the requirements or prohibitions of this code. [Section 626.6215(2), Florida Statutes]
Misappropriating, converting, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in the conduct of business under the license. [Section 626.6215(5)(a), Florida Statutes]
Misrepresenting an insurance policy, or deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising. [Section 626.6215(5)(c), Florida Statutes]
Violating provisions of this code or of any other law applicable to the business of insurance in the course of dealing under the license. [Section 626.6215(5)(d), Florida Statutes]
Violating the department rule by having unlicensed personnel to act as, advertise or hold themselves out to be an insurance agent or customer representative, or engage in the solicitation of insurance [Section 626.6215(5)(e), Florida Statutes and Rule 69B-222.060, Florida Administrative Code]
G) Engaging in unfair methods of competition or in unfair or deceptive acts or
practices as prohibited under part IX of this chapter, in the conduct of business under the license. [Section 626.6215(5)(h), Florida Statutes]
Fraudulent or dishonest practices in the conduct of business arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)0), Florida Statutes]
Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)(k), Florida Statutes]
Failing to take corrective action or report a violation to the department within 30 days after an individual licensee's violation is known or should have been known by one or more
of the partners, officers, or managers acting on behalf of the agency. [Section 626.6215(6), Florida Statutes]
Failing to be in the active full-time charge of a licensed general lines agent or life or health agent who is appointed to represent one or more insurers. [Section 626.747, Florida Statutes]
COUNT XIII
The above general allegations are hereby realleged and fully incorporated herein by reference.
On or about June 19, 2006, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, sold Consumer Rene L. of Miami, Florida, an automobile insurance policy with Windhaven Insurance Company.
On or about June 19, 2006, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Rene L.'s application, with an incorrect garaging address in Naples, to American Southwest Insurance Managers of Florida, L.L.C.
As a result of this application, Consumer Rene L.'s premium and fees totaled $670 rather than the correct amount of $1153.
After the address correction and premium increase, Consumer Rene L.'s policy was cancelled due to non-payment.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Rene L.'s fraudulent application using the general lines agent license number of another woman named Mayra Quintana.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, signed and submitted Consumer Rene L.'s fraudulent application with the signature and general lines agent license number of Henry Llorella using a rubber stamp provided to Mayra Quintana.
IT IS THEREFORE CHARGED that LLORELLA INSURANCE AGENCY has violated
or are accountable under one or more of the following provisions of the Florida Statutes or Florida Administrative Code, which constitute grounds for the suspension or revocation of your licenses as a Florida insurance agency:
Knowingly filing with any supervisory or other public official, making, publishing, disseminating, circulating, delivering to any person, placing before the public, causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, a false material statement. [Section 626.9541(1)(e)l., Florida Statutes]
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)l., Florida Statutes]
Knowingly collecting premiums and charges from a Florida resident less than those specified in the policy and as fixed by the insurer. [Section 626.9541(1)(0)2., Florida Statutes]
Any cause for which issuance of the license could have been refused had it then existed and been known to the department. [Section 626.6215(1), Florida Statutes]
Using the license to circumvent any of the requirements or prohibitions of this code. [Section 626.6215(2), Florida Statutes]
Misappropriating, converting, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in the conduct of business under the license. [Section 626.6215(5)(a), Florida Statutes]
Misrepresenting an insurance policy, or deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising. [Section 626.6215(5)(c), Florida Statutes]
Violating provisions of this code or of any other law applicable to the business of insurance in the course of dealing under the license. [Section 626.6215(5)(d), Florida Statutes]
Violating the department rule by having unlicensed personnel to act as, advertise or hold themselves out to be an insurance agent or customer representative, or engage in the solicitation of insurance [Section 626.6215(5)(e), Florida Statutes and Rule 69B-222.060, Florida Administrative Code]
G) Engaging in unfair methods of competition or in unfair or deceptive acts or practices as prohibited under part IX of this chapter, in the conduct of business under the license. [Section 626.6215(5)(h), Florida Statutes]
Fraudulent or dishonest practices in the conduct of business arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)0), Florida Statutes]
Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)(k), Florida Statutes]
Failing to take corrective action or report a violation to the department within 30 days after an individual licensee's violation is known or should have been known by one or more
\
}
of the partners, officers, or managers acting on behalf of the agency. [Section 626.6215(6), Florida Statutes]
Failing to be in the active full-time charge of a licensed general lines agent or life or health agent who is appointed to represent one or more insurers. [Section 626.747, Florida Statutes]
COUNT XIV
The above general allegations are hereby realleged and fully incorporated herein by reference.
On or about June 23, 2006, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, sold Consumer Wilmer A.T. of Miami, Florida, an automobile insurance policy with Windhaven Insurance Company.
On or about June 23, 2006, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Wilmer A.T.'s application, with an incorrect garaging address in Winter Haven, Florida, to American Southwest Insurance Managers of Florida, L.L.C.
As a result of this application, Consumer Wilmer A.T.'s premium and fees totaled
$349 rather than the correct amount of $613.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Wilmer A.T.'s fraudulent application using the general lines agent license number of
-another woman named Mayra Quintana.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, signed and submitted Consumer Wilmer A.T.'s fraudulent application with the signature and general lines agent license number of Henry Llorella using a rubber stamp provided to Mayra Quintana.
IT IS THEREFORE CHARGED that LLORELLA INSURANCE AGENCY has violated
or are accountable under one or more of the following provisions of the Florida Statutes or Florida Administrative Code, which constitute grounds for the suspension or revocation of your licenses as a Florida insurance agency:
Knowingly filing with any supervisory or other public official, making, publishing, disseminating, circulating, delivering to any person, placing before the public, causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, a false material statement. [Section 626.9541(1)(e)l., Florida Statutes]
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]
Knowingly collecting premiums and charges from a Florida resident less than those specified in the policy and as fixed by the insurer. [Section 626.9541(1)(0)2., Florida Statutes]
Any cause for which issuance of the license could have been refused had it then
existed and been known to the department. [Section 626.6215(1), Florida Statutes]
Using the license to circumvent any of the requirements or prohibitions of this code. [Section 626.6215(2), Florida Statutes]
Misappropriating, converting, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in the conduct of business under the license. [Section 626.6215(5)(a), Florida Statutes]
Misrepresenting an insurance policy, or deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising. [Section 626.6215(5)(c), Florida Statutes]
Violating provisions of this code or of any other law applicable to the business of insurance in the course of dealing under the license. [Section 626.6215(5)(d), Florida Statutes]
Violating the department rule by having unlicensed personnel to act as, advertise or hold themselves out to be an insurance agent or customer representative, or engage
.in the solicitation of insurance [Section 626.6215(5)(e), Florida Statutes and Rule 69B-222.060, Florida Administrative Code]
G) Engaging in unfair methods of competition or in unfair or deceptive acts or
practices as prohibited under part IX of this chapter, in the conduct of business under the license. [Section 626.6215(5)(h), Florida Statutes]
Fraudulent or dishonest practices in the conduct of business arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)0), Florida Statutes]
Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)(k), Florida Statutes]
Failing to take corrective action or report a violation to the department within 30 days after an individual licensee's violation is known or should have been known by one or more
of the partners, officers, or managers acting on behalf of the agency. [Section 626.6215(6), Florida Statutes]
Failing to be in the active full-time charge of a licensed general lines agent or life or health agent who is appointed to represent one or more insurers. [Section 626.747, Florida Statutes]
COUNT XV
The above general allegations are hereby realleged and fully incorporated herein by reference.
· 114. On or about October 2, 2006, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, sold Consumer Paulino B. of Miami, Florida, an automobile insurance policy with Windhaven Insurance Company.
On or about October 2, 2006, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Paulino B.'s application, with an incorrect garaging address in Key West, Florida, to American Southwest Insurance Managers of Florida, L.L.C.
As a result of this application, Consumer Paulino B.'s premium and fees totaled
$484 rather thari the correct amount of $1148.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Paulino B.'s fraudulent application using the general lines agent license number of another woman named Mayra Quintana.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, signed and submitted Consumer Paulino B.'s fraudulent application with the signature and general lines agent license number of Henry Llorella using a rubber stamp provided to Mayra Quintana.
IT IS THEREFORE CHARGED that LLORELLA INSURANCE AGENCY has violated
or are accountable under one or more of the following provisions of the Florida Statutes or Florida Administrative Code, which constitute grounds for the suspension or revocation of your licenses as a Florida insurance agency:
Knowingly filing with any supervisory or other public official, making, publishing, disseminating, circulating, delivering to any person, placing before the public, causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, a false material statement. [Section 626.9541(1)(e)l., Florida Statutes]
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)l., Florida Statutes]
Knowingly collecting premiums and charges from a Florida resident less than those specified in the policy and as fixed by the insurer. [Section 626.9541(1)(0)2., Florida Statutes]
Any cause for which issuance of the license could have been refused had it then existed and been known to the department. [Section 626.6215(1), Florida Statutes]
Using the license to circumvent any of the requirements or prohibitions of this code. [Section 626.6215(2), Florida Statutes]
Misappropriating, converting, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in the conduct of business under the license. [Section 626.6215(5)(a), Florida Statutes]
Misrepresenting an insurance policy, or deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising. [Section 626.6215(5)(c), Florida Statutes]
Violating provisions of this code or of any other law applicable to ,the business of insurance in the course of dealing under the license. [Section 626.6215(5)(d), Florida Statutes]
Violating the department rule by having unlicensed personnel to act as, advertise or hold themselves out to be an insurance agent or customer representative, or engage in the solicitation of insurance [Section 626.6215(5)(e), Florida Statutes and Rule 69B-222.060, Florida Administrative Code]
G) Engaging in unfair methods of competition or in unfair or deceptive acts or
practices as prohibited under part IX of this chapter, in the conduct of business under the license. [Section 626.6215(5)(h), Florida Statutes]
Fraudulent or dishonest practices in the conduct of hµsiness arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)0), Florida Statutes]
Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)(k), Florida Statutes]
Failing to take corrective action or report a violation to the department within 30 days after an individual licensee's violation is known or should have been known by one or more
of the partners, officers, or managers acting on behalf of the agency. [Section 626.6215(6), Florida Statutes]
Failing to be in the active full-time charge of a licensed general lines agent or life or health agent who is appointed to represent one or more insurers. [Section 626.747, Florida Statutes]
COUNT XVI
The above general allegations are hereby realleged and fully incorporated herein by reference.
On or about October 5, 2006, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, sold Consumer Odalys 0. of Miami, Florida, an automobile insurance policy with Windhaven Insurance Company.
On or about October 5, 2006, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Odalys O.'s application, with an incorrect garaging address in Lehigh, Florida, to American Southwest Insurance Managers of Florida, L.L.C.
As a result of this application, Consumer Odalys O.'s premium and fees totaled
$850 rather than the correct amount of $1553.
After the address correction and premium increase, Consumer Odalys O.'s policy was cancelled due to non-payment.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Odalys O.'s fraudulent application using the general lines agent license number of another woman named Mayra Quintana.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, signed and submitted Consumer Odalys O.'s fraudulent application with the signature and general lines agent license number of Henry Llorella using a rubber stamp provided to Mayra Quintana.
IT IS THEREFORE CHARGED that LLORELLA INSURANCE AGENCY has violated
or are accountable under one or more of the following provisions of the Florida Statutes or Florida Administrative Code, which constitute grounds for the suspension or revocation of your licenses as a Florida insurance agency:
Knowingly filing with any supervisory or other public official, making, publishing, disseminating, circulating, delivering to any person, placing before the public, causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, a false material statement. [Section 626.9541(l)(e)l., Florida Statutes]
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]
Knowingly collecting premiums and charges from a Florida resident less than those specified in the policy and as fixed by the insurer. [Section 626.9541(1)(0)2., Florida Statutes]
Any cause for which issuance of the license could have been refused had it then existed and been known to the department. [Section 626.6215(1), Florida Statutes]
Using the license to circumvent any of the requirements or prohibitions of this code. [Section 626.6215(2), Florida Statutes]
Misappropriating, converting, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in the conduct of business under the license. [Section 626.6215(5)(a), Florida Statutes]
Misrepresenting an insurance policy, or deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising. [Section 626.6215(5)(c), Florida Statutes]
Violating provisions of this code or of any other law applicable to the business of insurance in the course of dealing under the license. [Section 626.6215(5)(d), Florida Statutes]
Violating the department rule by having unlicensed personnel to act as, advertise or hold themselves out to be an insurance agent or customer representative, or engage in the solicitation of insurance [Section 626.6215(5)(e), Florida Statutes and Rule 69B-222.060, Florida Administrative Code]
G) Engaging in unfair methods of competition or in unfair or deceptive acts or
practices as prohibited under part IX of this chapter, in the conduct of business under the license. [Section 626.6215(5)(h), Florida Statutes]
Fraudulent or dishonest practices in the conduct of business arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)0), Florida Statutes]
Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)(k), Florida Statutes]
Failing to take corrective action or report a violation to the department within 30 days after an individual licensee's violation is known or should have been known by one or more
of the partners, officers, or managers acting on behalf of the agency. [Section 626.6215(6), Florida Statutes]
Failing to be in the active full-time charge of a licensed general lines agent or life or health agent who is appointed to represent one or more insurers. [Section 626.747, Florida Statutes]
COUNT XVIII
The above general allegations are hereby realleged and fully incorporated herein by reference.
On or about November 1, 2006, Mayra Quintana, on behalf of LLORELLA ' INSURANCE AGENCY, sold Consumer Rosa G. of Miami, Florida, an automobile insurance
policy with Windhaven Insurance Company.
On or about November 1, 2006, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Rosa G.'s a declarations page, with an incorrect garaging address in Satellite Beach, Florida, to American Southwest Insurance Managers of Florida, L.L.C.
As a result of this application, Consumer Rosa G.'s premium and fees totaled
$361 rather than the correct amount of $606.
After the addres·s correction and premium increase, Consumer Rosa G.'s policy was cancelled due to non-payment.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Rosa G.'s fraudulent application using the general lines agent license number of another woman named Mayra Quintana.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, signed and submitted Consumer Rosa G.'s fraudulent application with the signature and general lines agent license number of Henry Llorella using a rubber stamp provided to Mayra Quintana.
IT IS THEREFORE CHARGED that LLORELLA INSURANCE AGENCY has violated
or are accountable under one or more of the following provisions of the Florida Statutes or Florida Administrative Code, which constitute grounds for the suspension or revocation of your licenses as a Florida insurance agency:
Knowingly filing with any supervisory or other public official, making, publishing, disseminating, circulating, delivering to any person, placing before the public, causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, a false material statement. [Section 626.9541(1)(e)l., Florida Statutes]
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]
Knowingly collecting premiums and charges from a Florida resident less than those specified in the policy and as fixed by the insurer. [Section 626.9541(1)(0)2., Florida Statutes]
Any cause for which issuance of the license could have been refused had it then existed and been known to the department. [Section 626.6215(1), Florida Statutes]
Using the license to circumvent any of the requirements or prohibitions of this code. [Section 626.6215(2), Florida Statutes]
Misappropriating, converting, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in the conduct of business under the license. [Section 626.6215(5)(a), Florida Statutes]
Misrepresenting an insurance policy, or deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising. [Section 626.6215(5)(c), Florida Statutes]
Violating provisions of this code or of any other law applicable to the business of insurance in the course of dealing under the license. [Section 626.6215(5)(d), Florida Statutes]
Violating the department rule by having unlicensed personnel to act as, advertise or hold themselves out to be an insurance agent or customer representative, or engage in the solicitation of insurance [Section 626.6215(5)(e), Florida Statutes and Rule 69B-222.060, Florida Administrative Code]
G) Engaging in unfair methods of competition or in unfair or deceptive acts or
practices as prohibited under part IX of this chapter, in the conduct of business under the license. [Section 626.6215(5)(h), Florida Statutes]
Fraudulent or dishonest practices in the conduct of business arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)0), Florida Statutes]
Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)(k), Florida Statutes]
Failing to take corrective action or report a violation to the department within 30 days after an individual licensee's violation is known or should have been known by one or more
of the partners, officers, or managers acting on behalf of the agency. [Section 626.6215(6), Florida Statutes]
Failing to be in the active full-time charge of a licensed general lines agent or life or health agent who is appointed to represent one or more insurers. [Section 626.747, Florida Statutes]
COUNT XVIII
The above general allegations are hereby realleged and fully incorporated herein by reference.
On or about November 9, 2006, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, sold Consumer Luis M.D. of Miami, Florida, an automobile insurance policy with Windhaven Insurance Company.
On or about November 9, 2006, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Luis M.D.'s application, with an incorrect garaging address in Cape Coral, Florida, to American Southwest Insurance Managers of Florida, L.L.C.
As a result of this application, Consumer Luis M.D.'s premium and fees totaled
$682 rather than the correct amount of $1132.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Luis M.D.'s fraudulent application using the general lines agent li9ense number of another woman named Mayra Quintana.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, signed and submitted Consumer Luis M.D.'s fraudulent application with the signature and general lines agent license number of Henry Llorella using a rubber stamp provided to Mayra Quintana.
IT IS THEREFORE CHARGED that LLORELLA INSURANCE AGENCY has violated
or are accountable under one or more of the following provisions of the Florida Statutes or Florida Administrative Code, which constitute grounds for the suspension or revocation of your licenses as a Florida insurance agency:
Knowingly filing with any supervisory or other public official, making, publishing, disseminating, circulating, delivering to any person, placing before the public, causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, a false material statement. [Section 626.9541(1)(e)l., Florida Statutes]
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]
Knowingly collecting premiums and charges from a Florida resident less than those specified in the policy and as fixed by the insurer. [Section 626.9541(1)(0)2., Florida Statutes]
Any cause for which issuance of the license could have been refused had it then existed and been known to the department. [Section 626.6215(1), Florida Statutes]
Using the license to circumvent any of the requirements or prohibitions of this code. [Section 626.6215(2), Florida Statutes]
Misappropriating, converting, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in the conduct of business under the license. [Section 626.6215(5)(a), Florida Statutes]
Misrepresenting an insurance policy, or deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising. [Section 626.6215(5)(c), Florida Statutes]
Violating provisions of this code or of any other law applicable to the business of insurance in the course of dealing under the license. [Section 626.6215(5)(d), Florida Statutes]
Violating the department rule by having unlicensed personnel to act as, advertise or hold themselves out to be an insurance agent or customer representative, or engage in the solicitation of insurance [Section 626.6215(5)(e), Florida Statutes and Rule 69B-222.060, Florida Administrative Code]
G) Engaging in unfair methods of competition or in unfair or deceptive acts or
practices as prohibited under part IX of this chapter, in the conduct of business under the license. [Section 626.6215(5)(h), Florida Statutes]
Fraudulent or dishonest practices in the conduct of business arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)0), Florida Statutes]
Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)(k), Florida Statutes]
Failing to take corrective action or report a violation to the department within 30 days after an individual licensee's violation is known or should have been known by one or more
of the partners, officers, or managers acting on behalf of the agency. [Section 626.6215(6), Florida Statutes]
Failing to be in the active full-time charge of a licensed general lines agent or life or health agent who is appointed to represent one or more insurers. [Section 626.747, Florida Statutes]
COUNT XIX
The above general allegations are hereby realleged and fully incorporated herein by reference.
On or about November 10, 2006, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, sold Consumer Ivania J.P. of Miami, Florida, an automobile insurance policy with Windhaven Insurance Company.
On or about November 10, 2006, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Ivania J.P.'s application, with an incorrect garaging address in Cape Coral, Florida, to American Southwest Insurance Managers of Florida, L.L.C.
As a result of this application, Consumer Ivania J.P.'s premium and fees totaled
$887 rather than the correct amount of $1685.
After the address correction and premium increase, Consumer Ivania J.P.'s policy was cancelled due to non-payment.
Mayra Quintana, on behalf ofLLORELLA INSURANCE AGENCY, submitted Consumer Ivania J.P.'s fraudulent application using the general lines agent license number of another woman named Mayra Quintana.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, signed and submitted Consumer Ivania J.P.'s fraudulent application with the signature and general lines agent license number of Henry Llorella using a rubber stamp provided to Mayra Quintana.
IT IS THEREFORE CHARGED that LLORELLA INSURANCE AGENCY has violated
or are accountable under one or more of the following provisions of the Florida Statutes or Florida Administrative Code, which constitute grounds for the suspension or revocation of your licenses as a Florida insurance agency:
Knowingly filing with any supervisory or other public official, making, publishing, disseminating, circulating, delivering to any person, placing before the public, causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, a false material statement. [Section 626.9541(1)(e)l., Florida Statutes]
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)l., Florida Statutes]
Knowingly collecting premiums and charges from a Florida resident less than those specified in the policy and as fixed by the insurer. [Section 626.9541(1)(0)2., Florida Statutes]
Any cause for which issuance of the license could have been refused had it then existed and been known to the department. [Section 626.6215(1), Florida Statutes]
Using the license to circumvent any of the requirements or prohibitions of this code. [Section 626.6215(2), Florida Statutes]
Misappropriating, converting, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in the conduct of business under the license. [Section 626.6215(5)(a), Florida Statutes]
Misrepresenting an insurance policy, or deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising. [Section 626.6215(5)(c), Florida Statutes]
Violating provisions of this code or of any other law applicable to the business of insurance in the course of dealing under the license. [Section 626.6215(5)(d), Florida Statutes]
Violating the department rule by having unlicensed personnel to act as, advertise or hold themselves out to be an insurance agent or customer representative, or engage in the solicitation of insurance [Section 626.6215(5)(e), Florida Statutes and Rule 69B-222.060, Florida Administrative Code]
G) Engaging in unfair methods of competition or in unfair or deceptive acts or
practices as prohibited under part IX of this chapter, in the conduct of business under the license. [Section 626.6215(5)(h), Florida Statutes]
Fraudulent or dishonest practices in the conduct of business arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)0), Florida Statutes]
Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)(k), Florida Statutes]
· (m) Failing to take corrective action or report a violation to the department within 30 days after an individual licensee's violation is known or should have been known by one or more
of the partners, officers, or managers acting on behalf of the agency. [Section 626.6215(6), Florida Statutes]
(n) Failing to be in the active full-time charge of a licensed general lines agent or life or health agent who is appointed to represent one or more insurers. [Section 626.747, Florida Statutes]
COUNT XX
The above general allegations are hereby realleged and fully incorporated herein by reference.
On or about December 20, 2006, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, sold Consumer Magdalena F. of Miami, Florida, an automobile insurance policy with Windhaven Insurance Company.
On or about December 20, 2006, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Magdalena F.'s application, with an incorrect garaging address in Port Lucie, Florida, to American Southwest Insurance Managers of Florida, L.L.C.
As a result of this application, Consumer Magdalena F.'s premium and fees totaled $374 rather than the correct amount of $1436.
After the address correction and premium increase, Consumer Magdalena F.'s policy was cancelled due to non-payment.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Magdalena F.'s fraudulent application using the general lines agent license number of another woman named Mayra Quintana.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, signed and submitted Consumer Magdalena F.'s fraudulent application with the signature and general lines agent license number of Henry Llorella using a rubber stamp provided to Mayra Quintana.
IT IS THEREFORE CHARGED that LLORELLA INSURANCE AGENCY has violated
or are accountable under one or more of the following provisions of the Florida Statutes or Florida Administrative Code, which constitute grounds for the suspension or revocation of your licenses as a Florida insurance agency:
Knowingly filing with any supervisory or other public official, making, publishing, disseminating, circulating, delivering to any person, placing before the public, causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, a false material statement. [Section 626.9541(1)(e)l., Florida Statutes]
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 foe, commission, money, or other benefit from any insurer, agent, broker, or individual. [Section 626.9541(1)(k)l., Florida Statutes]
Knowingly collecting premiums and charges from a Florida resident less than those specified in the policy and as fixed by the insurer. [Section 626.9541(1)(0)2., Florida Statutes]
Any cause for which issuance of the license could have been refused had it then existed and been known to the department. [Section 626.6215(1), Florida Statutes]
Using the license to circumvent any of the requirements or prohibitions of this code. [Section 626.6215(2), Florida Statutes]
(f). Misappropriating, converting, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in the conduct of business under the license. [Section 626.6215(5)(a), Florida Statutes]
Misrepresenting an insurance policy, or deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising. [Section 626.6215(5)(c), Florida Statutes]
Violating provisions of this code or of any other law applicable to the business of insurance in the course of dealing under the license. [Section 626.6215(5)(d), Florida Statutes]
Violating the department rule by having unlicensed personnel to act as, advertise or hold themselves out to be an insurance agent or customer representative, or engage in the solicitation of insurance [Section 626.6215(5)(e), Florida Statutes and Rule 69B-222.060, Florida Administrative Code]
G) Engaging in unfair methods of competition or in unfair or deceptive acts or practices as prohibited under part IX of this chapter, in the conduct of business under the license. [Section 626.6215(5)(h), Florida Statutes]
Fraudulent or dishonest practices in the conduct of business arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)0), Florida Statutes]
Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)(k), Florida Statutes]
Failing to take corrective action or report a violation to the department within 30 days after an individual licensee's violation is known or should have been known by one or more
of the partners, officers, or managers acting on behalf of the agency. [Section 626.6215(6), Florida Statutes]
Failing to be in the active full-time charge of a licensed general lines agent or life or health agent who is appointed to represent one or more insurers. [Section 626.747, Florida Statutes].
COUNTXXI
The above general allegations are hereby realleged and fully incorporated herein by reference.
On or about January 16, 2007, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, sold Consumer Iris V.R. of Miami, Florida, an automobile insurance policy with Windhaven Insurance Company.
On or about January 16, 2007, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Iris V.R.'s application, with an incorrect garaging address in Key Largo, Florida, to American Southwest Insurance Managers of Florida, L.L.C.
As a result of this application, Consumer Iris V.R.'s premium and fees totaled
$549 rather than the correct amount of $1221.
After the address correction and premium increase, Consumer Iris V.R.'s policy was cancelled due to non-payment.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Iris V.R.'s fraudulent application using the general lines agent license number of another woman named Mayra Quintana.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, signed and submitted Consumer Iris V.R.'s fraudulent application with the signature and general lines agent license number of Henry Llorella using a rubber stamp provided to Mayra Quintana.
IT IS THEREFORE CHARGED that LLORELLA INSURANCE AGENCY has violated
or are accountable under one or more of the following provisions of the Florida Statutes or Florida Administrative Code, which constitute grounds for the suspension or revocation of your licenses as a Florida insurance agency:
Knowingly filing with any supervisory or other public official, making, publishing, disseminating, circulating, delivering to any person, placing before the public, causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, a false material statement. [Section 626.9541(1)(e)l., Florida Statutes]
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 tatutes]
Knowingly collecting premiums and charges from a Florida resident less than those specified in the policy and as fixed by the insurer. [Section 626.9541(1)(0)2., Florida Statutes]
Any cause for which issuance of the license could have been refused had it then existed and been known to the department. [Section 626.6215(1), Florida Statutes]
Using the license to circumvent any of the requirements or prohibitions of this code. [Section 626.6215(2), Florida Statutes]
Misappropriating, converting, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in the conduct of business under the license. [Section 626.6215(5)(a), Florida Statutes]
Misrepresenting an insurance policy, or deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising. [Section 626.6215(5)(c), Florida Statutes]
Violating provisions of this code or of any other law applicable to the business of insurance in the course of dealing under the license. [Section 626.6215(5)(d), Florida Statutes]
Violating the department rule by having unlicensed personnel to act as, advertise or hold themselves out to be an insurance agent or customer representative, or engage in the solicitation of insurance [Section 626.6215(5)(e), Florida Statutes and Rule 69B-222.060, Florida Administrative Code]
G) Engaging in unfair methods of competition or in unfair or deceptive acts or practices as prohibited under part IX of this chapter, in the conduct of business under the license. [Section 626.6215(5)(h), Florida Statutes]
Fraudulent or dishonest practices in the conduct of business arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)G), Florida Statutes]
Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)(k), Florida Statutes]
FaiFng to take corrective action or report a violation to the department within 30 days after an individual licensee's violation is known or should have been known by one or more
of the partners, officers, or managers acting on behalf of the agency. [Section 626.6215(6), Florida Statutes]
Failing to be in the active full-time charge of a licensed general lines agent or life or health agent who is appointed to represent one or more insurers. [Section. 626.747, Florida Statutes]
COUNTXXII
The above general allegations are hereby realleged and fully incorporated herein by reference.
On or about February 2, 2007, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, sold Consumer Yolanda V. of Miami, Florida, an automobile insurance policy with Windhaven Insurance Company.
On or about February 2, 2007, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Yolanda V.'s application, with an incorrect garaging address in Riverview, Florida, to American Southwest Insurance Managers of Florida, L.L.C.
As a result of this application, Consumer Yolanda V.'s premium and fees totaled
$755 rather than the correct amount of $1145.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted· Consumer Yolanda V.'s fraudulent application using the general lines agent license number of another woman named Mayra Quintana.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, signed and submitted Consumer Yolanda V.'s fraudulent application with the signature and general lines agent license number of Henry Llorella using a rubber stamp provided to Mayra Quintana.
IT IS THEREFORE CHARGED that LLORELLA INSURANCE AGENCY has violated
or are accountable under one or more of the following provisions of the Florida Statutes or Florida Administrative Code, which constitute grounds for the suspension or revocation of your licenses as a Florida insurance agency:
Knowingly filing with any supervisory or other public official, making, publishing, disseminating, circulating, delivering to any person, placing before the public, causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, a false material statement. [Section 626.9541(1)(e)l., Florida Statutes]
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)l., Florida Statutes]
Knowingly collecting premiums and harges from a Florida resident less than those specified in the policy and as fixed by the insurer. [Section 626.9541(1)(0)2., Florida Statutes]
Any cause for which issuance of the license could have been refused had it then existed and been known to the department. [Section 626.6215(1), Florida Statutes]
Using the license to circumvent any of the requirements or prohibitions of this code. [Section 626.6215(2), Florida Statutes]
Misappropriating, converting, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in the conduct of business under the license. [Section 626.6215(5)(a), Florida Statutes]
Misrepresenting an insurance policy, or deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising. [Section 626.6215(5)(c), Florida Statutes]
Violating provisions of this code or of any other law applicable to the business of insurance in the course of dealing under the license. [Section 626.6215(5)(d), Florida Statutes]
Violating the department rule by having unlicensed personnel to act as, advertise or hold themselves out to be an insurance agent or customer representative, or engage in the solicitation of insurance [Section 626.6215(5)(e), Florida Statutes and Rule 69B-222.060, Florida Administrative Code]
G) Engaging in unfair methods of competition or in unfair or deceptive acts or
practices as prohibited under part IX of this chapter, in the conduct of business under the license. [Section 626.6215(5)(h), Florida Statutes]
Fraudulent or dishonest practices in the conduct of business arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)0), Florida Statutes]
Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)(k), Florida Statutes]
Failing to take corrective action or report a violation to the department within 30 days after an individual licensee's violation is known or should have been known by one or more
of the partners, officers, or managers acting on behalf of the agency. [Section 626.6215(6), Florida Statutes]
Failing to be in the active full-time charge of a licensed general lines agent or life or health agent who is appointed to represent one or more insurers. [Section 626.747, Florida Statutes]
COUNTXXIII
The above general allegations are hereby realleged and fully incorporated herein by reference.
On or about February 14, 2007, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, sold Consumer Angela G. of Miami, Florida, an automobile insurance policy with Windhaven Insurance Company.
C)n or about February 14, 2007, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Angela G.'s application, with an incorrect garaging address in Tampa, Florida, to American Southwest Insurance Managers of Florida, L.L.C.
As a result of this application, Consumer Angela G.'s premium and fees totaled
$1341 rather than the correct amount of $2581.
After the address correction and premium increase, Consumer Angela G.'s policy was cancelled due to non-payment.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Angela G.'s fraudulent application using the general lines agent license number of another woman named Mayra Quintana.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, signed and submitted Consumer Angela G.'s fraudulent application with the signature and general lines agent license number of Henry Llorella using a rubber stamp provided to Mayra Quintana.
IT IS THEREFORE CHARGED that LLORELLA INSURANCE AGENCY has violated
or are accountable under one or more of the following provisions of the Florida Statutes or Florida Administrative Code, which constitute grounds for the suspension or revocation of your licenses as a Florida insurance agency:
Knowingly filing with any supervisory or other public official, making, publishing, disseminating, circulating, delivering to any person, placing before the public, causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, a false material statement. [Section 626.9541(1)(e)l., Florida Statutes]
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)l., Florida Statutes]
Knowingly collecting premiums and charges from a Florida resident less than those specified in the policy and as fixed by the insurer. [Section 626.9541(1)(0)2., Florida Statutes]
Any cause for which issuance of the license could have been refused had it then existed and been known to the department. [Section 626.6215(1), Florida Statutes]
Using the license to circumvent any of the requirements or prohibitions of this code. [Section 626.6215(2), Florida Statutes]
Misappropriating, converting, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in the conduct of business under the license. [Section 626.6215(5)(a), Florida Statutes]
Misrepresenting an insurance policy, or deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising. [Section 626.6215(5)(c), Florida Statutes]
Violating provisions of this code or of any other law applicable to the business of insurance in the course of dealing under the license. [Section 626.6215(5)(d), Florida Statutes]
Violating the department rule by having unlicensed personnel to act as, advertise or hold themselves out to be an insurance agent or customer representative, or engage in the solicitation of insurance [Section 626.6215(5)(e), Florida Statutes and Rule 69B-222.060, Florida Administrative Code]
G) Engaging in unfair methods of competition or in unfair or deceptive acts or
practices as prohibited under part IX of this chapter, in the conduct of business under the license. [Section 626.6215(5)(h), Florida Statutes]
Fraudulent or dishonest practices in the conduct of business arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)0), Florida Statutes]
Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)(k), Florida Statutes]
Failing to take corrective action or report a violation to the department within 30
· days after an individual licensee's violation is known or should have been known by one or more
of the partners, officers, or managers acting on behalf of the agency. [Section 626.6215(6), Florida Statutes]
Failing to be in the active full-time charge of a licensed general lines agent or life or health agent who is appointed to represent one or more insurers. [Section 626.747, Florida Statutes]
COUNTXXIV
The above general allegations are hereby realleged and fully incorporated herein by reference.
On or about February 21, 2007, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, sold Consumer Dayari M. of Hialeah, Florida, an automobile insurance policy with Windhaven Insurance Company.
On or about February 21, 2007, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Dayari M.'s application, with an incorrect garaging address in Key West, Florida, to American Southwest Insurance Managers of Florida, L.L.C.
As a result of this application, Consumer Dayari M.'s premium and fees totaled
$805 rather than the correct amount of $1852.
After the address correction and premium increase, Consumer Dayari M.'s policy was cancelled due to non-payment.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Dayari M.'s fraudulent application using the general lines agent license number of another woman named Mayra Quintana.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, signed and submitted Consumer Dayari M.'s fraudulent application with the signature and general lines agent license number of Henry Llorella using a rubber stamp provided to Mayra Quintana.
IT IS THEREFORE CHARGED that LLORELLA INSURANCE AGENCY has violated
or are accountable under one or more of the following provisions of the Florida Statutes or Florida Administrative Code, which constitute grounds for the suspension or revocation of your licenses as a Florida insurance agency:
Knowingly filing with any supervisory or other public official, making, publishing, disseminating, circulating, delivering to any person, placing before the public, causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, a false material statement. (Section 626.9541(1)(e)l., Florida Statutes]
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]
Knowingly collecting premiums and charges from a Florida resident less than those specified in the policy and as fixed by the insurer. [Section 626.9541(1)(0)2., Florida Statutes]
Any cause for which issuance of the license could have been refused had it then existed and been known to the department. [Section 626.6215(1), Florida Statutes]
Using the license to circumvent any of the requirements or prohibitions of this code. [Section 626.6215(2), Florida Statutes]
Misappropriating, converting, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in the conduct of business under the license. [Section 626.6215(5)(a), Florida Statutes]
Misrepresenting an insurance policy, or deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising. [Section 626.6215(5)(c), Florida Statutes]
Violating provisions of this code or of any other law applicable to the business of insurance in the course of dealing under the license. [Section 626.6215(5)(d), Florida Statutes]
Violating the department rule by having unlicensed personnel to act as, advertise or hold themselves out to be an insurance agent or customer representative, or engage in the solicitation of insurance [Section 626.6215(5)(e), Florida Statutes and Rule 69B-222.060, Florida Administrative Code]
G) Engaging in unfair methods of competition or in unfair or deceptive acts or
practices as prohibited under part IX of this chapter, in the conduct of business under the license. [Section 626.6215(5)(h), Florida Statutes]
Fraudulent or dishonest practices in the conduct of business arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)0), Florida Statutes]
Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)(k), Florida Statutes]
Failing to take corrective action or report a violation to the department within 30 days after an individual licensee's violation is known or should have been known by one or more
of the partners, officers, or managers acting on behalf of the agency. [Section 626.6215(6), Florida Statutes]
Failing to be in the active full-time charge of a licensed general lines agent or life or health agent who is appointed to represent one or more insurers. [Section 626.747, Florida Statutes]
COUNTXXV
The above general allegations are hereby realleged and fully incorporated herein by reference.
On or about February 24, 2007, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, sold Consumer Raphael S. an automobile insurance policy with Windhaven Insurance Company.
On or about February 24, 2007, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Raphael S.'s application, with an incorrect garaging address in Marathon, Florida, to American Southwest Insurance Managers of Florida, L.L.C.
As a result of this application, Consumer Raphael S.'s premium and fees totaled
$838. American Southwest Insurance Managers of Florida, L.L.C'. was unable to determine the correct amount because it does not have the correct address.
After the address correction and premium increase, Consumer Raphael S.'s policy was cancelled due to non-payment.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Raphael S.'s fraudulent application using the general lines agent license number of another woman named Mayra Quintana.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, signed and submitted Consumer Raphael S.'s fraudulent application with the signature and general lines agent license number of Hemy Llorella using a rubber stamp provided to Mayra Quintana.
IT IS THEREFORE CHARGED that LLORELLA INSURANCE AGENCY has violated
or are accountable under one or more of the following provisions of the Florida Statutes or Florida Administrative Code, which constitute grounds for the suspension or revocation of your licenses as a Florida insurance agency:
Knowingly filing with any supervisory or other public official, making, publishing, disseminating, circulating, delivering to any person, placing before the public, causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, a false material statement. [Section 626.9541(1)(e)l., Florida Statutes]
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]
Knowingly collecting premiums and charges from a Florida resident·1ess than those specified in the policy and as fixed by the insurer. [Section 626.9541(1)(0)2., Florida Statutes]
Any cause for which issuance of the license could have been refused had it then existed and been known to the department. [Section 626.6215(1), Florida Statutes]
·Using the license to circumvent any of the requirements or prohibitions of this code. [Section 626.6215(2), Florida Statutes]
Misappropriating, converting, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in the conduct of business under the license. [Section 626.6215(5)(a), Florida Statutes]
Misrepresenting an insurance policy, or deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising. [Section 626.6215(5)(c), Florida Statutes]
Violating provisions of this code or of any other law applicable to the business of insurance in the course of dealing under the license. [Section 626.6215(5)(d), Florida Statutes]
Violating the department rule by having unlicensed personnel to act as, advertise or hold themselves out to be an insurance agent or customer representative, or engage in the solicitation of insurance [Section 626.6215(5)(e), Florida Statutes and Rule 69B-222.060, Florida Administrative Code]
G) Engaging in unfair methods of competition or in unfair or deceptive acts or
practices as prohibited under part IX of this chapter, in the conduct of business under the license. [Section 626.6215(5)(h), Florida Statutes]
Fraudulent or dishonest practices in the conduct of business arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)0), Florida Statutes]
Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)(k), Florida Statutes]
Failing to take corrective action or report a violation to the department within 30 days after an individual licensee's violation is known or should have been known by one or more of the partners, officers, or managers acting on behalf of the agency. [Section 626.6215(6), Florida Statutes]
Failing to be in the active full-time charge of a licensed general lines agent or life or health agent who is appointed to represent one or more insurers. [Section 626.747, Florida Statutes]
COUNTXXVI
The above general allegations are hereby realleged and fully incorporated herein by reference.
On or about February 24, 2007, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, sold Consumer Juan B. of Miami, Florida, an automobile insurance policy with Windhaven Insurance Company.
On or about February 24, 2007, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Juan B.'s application, with an incorrect garaging address in Key Largo, Florida, to American Southwest Insurance Managers of Florida, L.L.C.
As a result of this application, Consumer Juan B.'s premium and fees totaled $894 rather than the correct amount of $2128.
After the address correction and premium increase, Consumer Juan B.'s policy was cancelled due to non-payment.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Juan B.'s fraudulent application using the general lines agent license number of another woman named Mayra Quintana.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, signed and submitted Consumer Juan B.'s fraudulent application with the signature and general lines agent license number of Henry Llorella using a rubber stamp provided to Mayra Quintana.
IT IS THEREFORE CHARGED that LLORELLA INSURANCE AGENCY has violated
or are accountable under one or more of the following provisions of the Florida Statutes or Florida Administrative Code, which constitute grounds for the suspension or revocation of your licenses as a Florida insurance agency:
(a) Knowingly filing with any supervisory or other public official, making, publishing, disseminating, circulating, delivering to any person, placing before the public, causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, a false material statement. [Section 626.9541(1)(e)l., Florida Statutes]
(o) 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)l., Florida Statutes]
Knowingly collecting premiums and charges from a Florida resident less than those specified in the policy and as fixed by the insurer. [Section 626.9541(1)(0)2., Florida Statutes]
Any cause for which issuance of the license could have been refused had it then existed and been known to the department. [Section 626.6215(1), Florida Statutes]
Using the license to circumvent any of the requirements or prohibitions of this code. [Section 626.6215(2), Florida Statutes]
Misappropriating, converting, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in the conduct of business under the license. [Section 626.6215(5)(a), Florida Statutes]
Misrepresenting an insurance policy, or deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising. [Section 626.6215(5)(c), Florida Statutes]
Violating provisions of this code or of any other law applicable to the business of insurance in the course of dealing under the license. [Section 626.6215(5)(d), Florida Statutes]
Violating the department rule by having unlicensed personnel to act as, advertise or hold themselves out to be an insurance agent or customer representative, or engage in the solicitation of insurance [Section 626.6215(5)(e), Florida Statutes and Rule 69B-222.060, Florida Administrative Code]
G) Engaging in unfair methods of competition or in unfair or deceptive acts or
practices as prohibited under part IX of this chapter, in the conduct of business under the license. [Section 626.6215(5)(h), Florida Statutes]
Fraudulent or dishonest practices in the conduct of business arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)G), Florida Statutes]
Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)(k), Florida Statutes]
Failing to take corrective action or report a violation to the department within 30 days after an individual licensee's violation is known or should have been known by one or more of the partners, officers, or managers acting on behalf of the agency. [Section 626.6215(6), Florida Statutes]
Failing to be in the active full-time charge of a licensed general lines agent or life or health agent who is appointed to represent one or more insurers. [Section 626.747, Florida Statutes]
COUNT XXVII
The above general allegations are hereby realleged and fully incorporated herein by reference.
On or about February 27, 2007, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, sold Consumer Frank F. of Miami, Florida, an automobile insurance policy with Windhaven Insurance Company.
On or about February 27, 2007, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Frank F.'s application, with an incorrect garaging address in Orlando, Florida, to American Southwest Insurance Managers of Florida, L.L.C.
Consumer Frank F.'s policy was cancelled due to non-payment.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Frank F.'s fraudulent application using the general lines agent license number of another woman named Mayra Quintana.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, signed and submitted Consumer Frank F.'s fraudulent application with the signature and general lines agent license number of Henry Llorella using a rubber stamp provided to Mayra Quintana.
IT IS THEREFORE CHARGED that LLORELLA INSURANCE AGENCY has violated
or are accountable under one or more of the following provisions of the Florida Statutes or Florida Administrative Code, which constitute grounds for the suspension or revocation of your licenses as a Florida insurance agency:
Knowingly filing with any supervisory or other public official, making, publishing, disseminating, circulating, delivering to any person, placing before the public, causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, a false material statement. [Section 626.9541(1)(e)l., Florida Statutes]
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]
Knowingly collecting premiums and charges from a Florida resident less than those specified in the policy and as fixed by the insurer. [Section 626.9541(1)(0)2., Florida Statutes]
Any cause for which issuance of the license could have been refused had it then existed and been known to the department. [Section 626.6215(1), Florida Statutes]
Using the license to circumvent any of the requirements or prohibitions of this code. [Section 626.6215(2), Florida Statutes]
Misappropriating, converting, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in the conduct of business under the license. [Section 626.6215(5)(a), Florida Statutes]
Misrepresenting an insurance policy, or deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising. [Section 626.6215(5)(c), Florida Statutes]
Violating provisions of this code or of any other law applicable to the business of insurance in the course of dealing under the license. [Section 626.6215(5)(d), Florida Statutes]
Violating the department rule by having unlicensed personnel to act as, advertise or hold themselves out to be an insurance agent or customer representative, or engage in the solicitation of insurance [Section 626.6215(5)(e), Florida Statutes and Rule 69B-222.060, Florida Administrative Code]
G) Engaging in unfair methods of competition or in unfair or deceptive acts or practices as prohibited under part IX of this chapter, in the conduct of business under the license. [Section 626.6215(5)(h), Florida Statutes]
Fraudulent or dishonest practices in the conduct of business arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)0), Florida Statutes]
Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)(k), Florida Statutes]
Failing to take corrective action or report a violation to the department within 30 days after an individual licensee's violation is known or should have been known by one or more of the partners, officers, or managers acting on behalf of the agency. [Section 626.6215(6), Florida Statutes]
Failing to be in the active full-time charge of a licensed general lines agent or life or health agent who is appointed to represent one or more insurers. [Section 626.747, Florida Statutes]
COUNT XXVIII
The above general allegations are hereby realleged and fully incorporated herein by reference.
On or about March 9, 2007, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, sold Consumer Ramon N. of Miami, Florida, an automobile insurance policy with Windhaven Insurance Company.
On or about March 9, 2007, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Ramon N.'s application, with an incorrect garaging address in Cape Coral, Florida, to American Southwest Insurance Managers of Florida, L.L.C.
As a result of this application, Consumer Ramon N.'s premium and fees totaled
$497 rather than the correct amount of $858.
After the address correction and premmm increase, Ramon N.'s policy was cancelled due to non-payment.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Ramon N.'s fraudulent application using the general lines agent license number of another woman named Mayra Quintana.
Mayra Quintana, on behalf ofLLORELLA INSURANCE AGENCY, signed and submitted Consumer Ramon N.'s fraudulent application with the signature and general lines agent license number of Henry Llorella using a rubber stamp provided to Mayra Quintana.
IT IS THEREFORE CHARGED that LLORELLA INSURANCE AGENCY has violated
or are accountable under one or more of the following provisions of the Florida Statutes or Florida Administrative Code, which constitute grounds for the suspension or revocation of your licenses as a Florida insurance agency:
Knowingly · filing with any supervisory or other public official, making, publishing, disseminating, circulating, delivering to any person, placing before the public, causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, a false material statement. [Section 626.9541(1)(e)l., Florida Statutes]
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]
Knowingly collecting premiums and charges from a Florida resident less than those specified in the policy and as fixed by the insurer. [Section 626.9541(1)(0)2., Florida Statutes]
Any cause for which issuance of the license could have been refused had it then
existed and been known to the department. [Section 626.6215(1), Florida Statutes]
Using the license to circumvent any of the requirements or prohibitions of this code. [Section 626.6215(2), Florida Statutes]
Misappropriating, converting, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in the conduct of business under the license. [Section 626.6215(5)(a), Florida Statutes]
Misrepresenting an insurance policy, or deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising. [Section 626.6215(5)(c), Florida Statutes]
Violating provisions of this code or of any other law applicable to the business of insurance in the course of dealing under the license. [Section 626.6215(5)(d), Florida Statutes]
Violating the department rule by having unlicensed personnel to act as, advertise or hold themselves out to be an insurance agent or customer representative, or engage in the solicitation of insurance [Section 626.6215(5)(e), Florida Statutes and Rule 69B-222.060, Florida Administrative Code]
G) Engaging in unfair methods of competition or in unfair or deceptive acts or
practices as prohibited under part IX of this chapter, in the conduct of business under the license. [Section 626.6215(5)(h), Florida Statutes]
Fraudulent or dishonest practices in the conduct of business arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)0), Florida Statutes]
Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the msuran.ce agency. [Section 626.6215(5)(k), Florida Statutes]
Failing to take corrective action or report a violation to the department within 30 days after an individual licensee's violation is known or should have been known by one or more of the partners, officers, or managers acting on behalf of the agency. [Section 626.6215(6), Florida Statutes]
Failing to be in the active full-time charge of a licensed general lines agent or life or health agent who is appointed to represent one or more insurers. [Section 626.747, Florida Statutes]
COUNTXXIX
The above general allegations are hereby realleged and fully incorporated herein by reference.
On or about March 20, 2007, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, sold Consumer Josue Y.V. of Miami, Florida, an automobile insurance policy with Windhaven Insurance Company.
On or about March 20, 2007, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Josue Y.V.'s application, with an incorrect garaging address in Key Largo, Florida, to American Southwest Insurance Managers of Florida, L.L.C.
As a result of this application, Consumer Josue Y.V.'s premium and fees totaled
$1012 rather than the correct amount of $2444.
After the address correction and premium increase, Consumer Josue Y.V.'s policy was cancelled due to non-payment.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Josue Y.V.'s fraudulent application using the general lines agent license number of another woman named Mayra Quintana.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, signed and submitted Consumer Josue Y.V.'s fraudulent application with the signature and general lines agent license number of Henry Llorella using a rubber stamp provided to Mayra Quintana.
IT IS THEREFORE CHARGED that LLORELLA INSURANCE AGENCY has violated
or are accountable under one or more of the following provisions of the Florida Statutes or Florida Administrative Code, which constitute grounds for the suspension or revocation of your licenses as a Florida insurance agency:
Knowingly filing with any supervisory or other public official, making, publishing, disseminating, circulating, delivering to any person, placing before the public, causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, a false material statement. [Section 626.9541(1)(e)l., Florida Statutes]
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)l., Florida Statutes]
Knowingly collecting premiums and charges from a Florida resident less than those specified in the policy and as fixed by the insurer. [Section 626.9541(1)(0)2., Florida Statutes]
Any cause for which issuance of the license could have been refused had it then existed and been known to the department. [Section 626.6215(1), Florida Statutes]
Using the license to circumvent any of the requirements or prohibitions of this code. [Section 626.6215(2), Florida Statutes]
Misappropriating, converting, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in the conduct of business under the license. [Section 626.6215(5)(a), Florida Statutes]
Misrepresenting an insurance policy, or deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising. [Section 626.6215(5)(c), Florida Statutes]
Violating provisions of this code or of any other law applicable to the business of insurance in the course of dealing under the license. [Section 626.6215(5)(d), Florida Statutes]
Violating the department rule by having unlicensed personnel to act as, advertise or hold themselves out to be an insurance agent or customer representative, or engage in the solicitation of insurance [Section 626.6215(5)(e), Florida Statutes and Rule 69B-222.060, Florida Administrative Code]
G) Engaging in unfair methods of competition or in unfair or deceptive acts or
practices as prohibited under part IX of this chapter, in the conduct of business under the license. [Section 626.6215(5)(h), Florida Statutes]
Fraudulent or dishonest practices in the conduct of business arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)0), Florida Statutes]
Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)(k), Florida Statutes]
Failing to take corrective action or report a violation to the department within 30 days after an individual licensee's violation is known or should have been known by one or more of the partners, officers, or managers acting on behalf of the agency. [Section 626.6215(6), Florida Statutes]
Failing to be in the active full-time charge of a licensed general lines agent or life or health agent who is appointed to represent one or more insurers. [Section 626.747, Florida Statutes]
COUNTXX:X
The above general allegations are hereby realleged and fully incorporated herein by reference.
On or about March 21, 2007, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, sold Consumer Kenia M. of Miami, Florida, an automobile insurance policy with Windhaven Insurance Company.
On or about March 21, 2007, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Kenia M.'s application, with an incorrect garaging address in Satellite Beach, Florida, to American Southwest Insurance Managers of Florida, L.L.C.
As a result of this application, Consumer Kenia M.'s premium and fees totaled
$1161 rather than the co.rrect amount of $2295.
After the address correction and premium increase, Consumer Kenia M.'s policy was cancelled due to non-payment.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Kenia M.'s fraudulent application using the general lines agent license number of another woman named Mayra Quintana.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, signed and submitted Consumer Kenia M.'s fraudulent application with the signature and general lines agent license number of Henry Llorella using a rubber stamp provided to Mayra Quintana.
IT IS THEREFORE CHARGED that LLORELLA INSURANCE AGENCY has violated
or are accountable under one or more of the following provisions of the Florida Statutes or Florida Administrative Code, which constitute grounds for the suspension or revocation of your licenses as a Florida insurance agency:
Knowingly filing with any supervisory or other public official, making, publishing, disseminating, circulating, delivering to any person, placing before the public, causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, a false material statement. [Section 626.9541(1)(e)l., Florida Statutes]
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)l., Florida Statutes]
Knowingly collecting premiums and charges from a Florida resident less than those specified in the policy and as fixed by the insurer. [Section 626.9541(1)(0)2., Florida Statutes]
Any cause for which issuance of the license could have_ been refused had it then
existed and been known to the department. [Section 626.6215(1), Florida Statutes]
Using the license to circumvent any of the requirements or prohibitions of this code. [Section 626.6215(2), Florida Statutes]
(t) Misappropriating, converting, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in the conduct of business under the license. [Section 626.6215(5)(a), Florida Statutes]
Misrepresenting an insurance policy, or deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising. [Section 626.6215(5)(c), Florida Statutes]
Violating provisions of this code or of any other law applicable to the business of insurance in the course of dealing under the license. [Section 626.6215(5)(d), Florida Statutes]
Violating the department rule by having unlicensed personnel to act as, advertise or hold themselves out to be an insurance agent or customer representative, or engage in the solicitation of insurance [Section 626.6215(5)(e), Florida Statutes and Rule 69B-222.060, Florida Administrative Code]
G) Engaging in unfair methods of competition or in unfair or deceptive acts or practices as prohibited under part IX of this chapter, in the conduct of business under the license. [Section 626.6215(5)(h), Florida Statutes]
Fraudulent or dishonest practices in the conduct of business arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)0), Florida Statutes]
Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)(k), Florida Statutes]
Failing to take corrective action or report a violation to the department within 30 days after an individual licensee's violation is known or should have been known by one or more of the partners, officers, or managers acting on behalf of the agency. [Section 626.6215(6), Florida Statutes]
Failing to be in the active full-time charge of a licensed general lines agent or life or health agent who is appointed to represent one or more insurers. [Section 626.747, Florida Statutes]
COUNTXXXI
The above general allegations are hereby realleged and fully incorporated herein by reference.
On or about March 24, 2007, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, sold Consumer Omar G. of Miami, Florida, an automobile insurance policy with Windhaven Insurance Company.
On or about March 24, 2007, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Omar G.'s application, with an incorrect garaging address in Key Largo, Florida, to American Southwest Insurance Managers of Florida, L.L.C.
As a result of this application, Consumer Omar G.'s premium and fees totaled
$514 rather than the correct amount of $1184.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Omar G.'s fraudulent application using the general lines agent license number of another woman named Mayra Quintana.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, signed and submitted Consumer Omar G.'s fraudulent application with the signature and general lines agent license number of Henry Llorella using a rubber stamp provided to Mayra Quintana.
IT IS THEREFORE CHARGED that LLORELLA INSURANCE AGENCY has violated
or are accountable under one or more of the following provisions of the Florida Statutes or Florida Administrative Code, which constitute grounds for the suspension or revocation of your licenses as a Florida insurance agency:
Knowingly filing with any supervisory or other public official, making, publishing, disseminating, circulating, delivering to any person, placing before the public, causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, a false material statement. [Section 626.9541(l)(e)l., Florida Statutes]
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]
Knowingly collecting premiums and charges from a Florida resident less than those specified in the policy and as fixed by the insurer. [Section 626.9541(1)(0)2., Florida Statutes]
Any cause for which issuance of the license could have been refused had it then existed and been known to the department. [Section 626.6215(1), Florida Statutes]
Using the license to circumvent any of the requirements or prohibitions of this code. [Section 626.6215(2), Florida Statutes]
Misappropriating, converting, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in the conduct of business under the license. [Section 626.6215(5)(a), Florida Statutes]
Misrepresenting an insurance policy, or deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising. [Section 626.6215(5)(c), Florida Statutes]
Violating provisions of this code or of any other law applicable to the business of insurance in the course of dealing under the license. [Section 626.6215(5)(d), Florida Statutes]
Violating the department rule by having unlicensed personnel to act as, advertise or hold themselves out to be an insurance agent or customer representative, or engage in the solicitation of insurance [Section 626.6215(5)(e), Florida Statutes and Rule 69B-222.060, Florida Administrative Code]
G) Engaging in unfair methods of competition or in unfair or deceptive acts or practices as prohibited under part IX of this chapter, in the conduct of business under the license. [Section 626.6215(5)(h), Florida Statutes]
Fraudulent or dishonest practices in the conduct of business arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)0), Florida Statutes]
Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)(k), Florida Statutes]
Failing to take corrective action or report a violation to the department within 30 days after an individual licensee's violation is known or should have been known by one or more of the partners, officers, or managers acting on behalf of the agency. [Section 626.6215(6), Florida Statutes]
Failing to be in the active full-time charge of a licensed general lines agent or life or health agent who is appointed to represent one or more insurers. [Section 626.747, Florida Statutes]
COUNTXXXII
The above general allegations are hereby realleged and fully incorporated herein by reference.
On or about April 4, 2007, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, sold Consumer Luis Z. of Miami, Florida, an automobile insurance policy with Windhaven Insurance Company.
On or about April 4, 2007, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Luis Z.'s application, with an incorrect garaging address in Key West, Florida, to American Southwest Insurance Managers of Florida, L.L.C.
As a result of this application, Consumer Luis Z.'s premium and fees totaled
$1068 rather than the correct amount of $4508.
Consumer Luis Z.'s policy was cancelled due to non-payment.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Luis Z.'s fraudulent application using the general lines agent license number of another woman named Mayra Quintana.
Mayra Quintana, on behalf ofLLORELLA INSURANCE AGENCY, signed and submitted Consumer Luis Z.'s fraudulent application with the signature and general lines agent license number of Henry Llorella using a rubber stamp provided to Mayra Quintana.
IT IS THEREFORE CHARGED that LLORELLA INSURANCE AGENCYhas violated
or are accountable under one or more of the following provisions of the Florida Statutes or Florida Administrative Code, which constitute grounds for the suspynsion or revocation of your licenses as a Florida insurance agency:
Knowingly filing with any supervisory or other public official, making, publishing, disseminating, circulating, delivering to any person, placing before the public, causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, a false material statement. [Section 626.9541(1)(e)l., Florida Statutes]
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]
Knowingly collecting premiums and charges from a Florida resident less than those specified in the policy and as fixed by the insurer. [Section 626.9541(1)(0)2., Florida Statutes]
Any cause for which issuance of the license could have been refused had it then
existed and been known to the department. [Section 626.6215(1), Florida Statutes]
Using the license to circumvent any of the requirements or prohibitions of this code. [Section 626.6215(2), Florida Statutes]
Misappropriating, converting, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in the conduct of business under the license. [Section 626.6215(5)(a), Florida Statutes]
Misrepresenting an insurance policy, or deception _with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising. [Section 626.6215(5)(c), Florida Statutes]
Violating provisions of this code or of any other law applicable to the business of insurance in the course of dealing under the license. [Section 626.6215(5)(d), Florida Statutes]
Violating the department rule by having unlicensed personnel to act as, advertise or hold themselves out to be an insurance agent or customer representative, or engage in the solicitation of insurance [Section 626.6215(5)(e), Florida Statutes and Rule 69B-222.060, Florida Administrative Code]
G) Engaging in unfair methods of competition or in unfair or deceptive acts or practices as prohibited under part IX of this chapter, in the conduct of business under the license. [Section 626.6215(5)(h), Florida Statutes]
Fraudulent or dishonest practices in the conduct of business arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)G), Florida Statutes]
Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)(k), Florida Statutes]
(m) Failing to take corrective action or report a violation to the department within 30 days after an individual licensee's violation is known or should have been known by one or more of the partners, officers, or managers acting on behalf of the agency. [Section 626.6215(6), Florida Statutes]
(n). Failing to be in the active full-time charge of a licensed general lines agent or life or health agent who is appointed to represent one or more insurers. [Section 626.747, Florida Statutes]
COUNT XXXIII
The above general allegations are hereby realleged and fully incorporated herein by reference.
On or about April 9, 2007, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, sold Consumer Martin R. of Miami, Florida, an automobile insurance policy with Windhaven Insurance Company.
On or about April 9, 2007, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Martin R.'s application, with an incorrect garaging address in Satellite Beach, Florida, to American Southwest Insurance Managers of Florida, L.L.C.
As a result of this application, Consumer Martin R's premium and fees totaled
$928 rather than the correct amount of $1973.
After the address correction and premium increase, Consumer Martin R's policy was cancelled due to non-payment.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Martin R's fraudulent application using the general lines agent license number of another woman named Mayra Quintana.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, signed and submitted Consumer Martin R's fraudulent application with the signature and general lines agent license number of Henry Llorella using a rubber stamp provided to Mayra Quintana.
IT IS THEREFORE CHARGED that LLORELLA INSURANCE AGENCY has violated
or are accountable under one or more of the following provisions of the Florida Statutes or Florida Administrative Code, which constitute grounds for the suspension or revocation of your licenses as a Florida insurance agency:
Knowingly filing with any supervisory or other public official, making, publishing, disseminating, circulating, delivering to any person, placing before the public, causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, a false material statement. [Section 626.9541(1)(e)l., Florida Statutes]
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]
Knowingly collecting premiums and charges from a Florida resident less than those specified in the policy and as fixed by the insurer; [Section 626.9541(1)(o)2., Florida Statutes]
Any cause for which issuance of the license could have been refused had it then existed and been known to the department. [Section 626.6215(1), Florida Statutes]
Using the license to circumvent any of the requirements or prohibitions of this code. [Section 626.6215(2), Florida Statutes]
Misappropriating, converting, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in the conduct of business under the license. [Section 626.6215(5)(a), Florida Statutes]
Misrepresenting an insurance policy, or deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising. [Section 626.6215(5)(c), Florida Statutes]
Violating provisions of this code or of any other law applicable to the business of insurance in the course of dealing under the license. [Section 626.6215(5)(d), Florida Statutes]
Violating the department rule by having unlicensed personnel to act as, advertise or hold themselves out to be an insurance agent or customer representative, or engage in the solicitation of insurance [Section 626.6215(5)(e), Florida Statutes and Rule 69B-222.060, Florida Administrative Code]
G) Engaging in unfair methods of competition or in unfair or deceptive acts or
practices as prohibited under part IX of this chapter, in the conduct of business under the license. [Section 626.6215(5)(h), Florida Statutes]
Fraudulent or dishonest practices in the conduct of business arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)0), Florida Statutes]
Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)(k), Florida Statutes]
Failing to take corrective action or report a violation to the department within 30 days after an individual licensee's violation is known or should have been known by one or more of the partners, officers, or managers acting on behalf of the agency. [Section 626.6215(6), Florida Statutes]
Failing to be in the active full-time charge of a licensed general lines agent or life or health agent who is appointed to represent one or more insurers. [Section 626.747, Florida Statutes]
COUNTXXXIV
The above general allegations are hereby realleged and fully incorporated herein by. reference.
On or about April 12, 2007, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, sold Consumer Mirelis P. of Miami, Florida, an automobile insurance policy with Windhaven Insurance Company.
On or about April 12, 2007, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Mirelis P.'s application, with an incorrect garaging address in Port Lucie, Florida, to American Southwest Insurance Managers of Florida, L.L.C.
As a result of this application, Consumer Mirelis P.'s premium and fees totaled
$951 rather than the correct amount of $1906.
After the address correction and premium increase, Consumer Mirelis P.'s policy was cancelled due to non-payment.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Mirelis P.'s fraudulent application using the general lines agent license number of another woman named Mayra Quintana.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, signed and submitted Consumer Mirlelis P.'s fraudulent application with the signature and general lines agent license number of Hemy Llorella using a rubber stamp provided to Mayra Quintana.
IT IS THEREFORE CHARGED that LLORELLA INSURANCE AGENCY has violated
or are accountable under one or more of the following provisions of the Florida Statutes or Florida Administrative Code, which constitute grounds for the suspension or revocation of your licenses as a Florida insurance agency:
Knowingly filing with any supervisory or other public official, making, publishing, disseminating, circulating, delivering to any person, placing before the public, causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, a false material statement. [Section 626.9541(1)(e)l., Florida Statutes]
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)l., Florida Statutes]
Knowingly collecting premiums and charges from a Florida resident less than those specified in the policy and as fixed by the insurer. [Section 626.9541(1)(0)2., Florida Statutes]
Any cause for which issuance of the license could have been refused had it then existed and been known to the department. [Section 626.6215(1), Florida Statutes]
Using the license to circumvent any of the requirements or prohibitions of this code. [Section 626.6215(2), Florida Statutes]
Misappropriating, converting, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in the conduct of business under the license. [Section 626.6215(5)(a), Florida Statutes]
Misrepresenting an insurance policy, or deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising. [Section 626.6215(5)(c), Florida Statutes]
Violating provisions of this code or of any other law applicable to the business of insurance in the course of dealing under the license. [Section 626.6215(5)(d), Florida Statutes]
Violating the department rule by having unlicensed personnel to act as, advertise or hold themselves out to be an insurance agent or customer representative, or engage in the solicitation of insurance [Section 626.6215(5)(e), Florida Statutes and Rule 69B-222.060, Florida Administrative Code]
G) Engaging in unfair methods of competition or in unfair or deceptive acts or
practices as prohibited under part IX of this chapter, in the conduct of business under the license. [Section 626.6215(5)(h), Florida Statutes]
Fraudulent or dishonest practices in the conduct of business arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)0), Florida Statutes]
Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)(k), Florida Statutes]
Failing to take corrective action or report a violation to the department within 30 days after an individual licensee's violation is known or should have been known by one or more of the partners, officers, or managers acting on behalf of the agency. [Section 626.6215(6), Florida Statutes]
Failing to be in the active full-time charge of a licensed general lines agent or life or health agent who is appointed to represent one or more insurers. [Section 626.747, Florida Statutes]
COUNTXXXV
The above general allegations are hereby realleged and fully incorporated herein by reference.
On or about April 13, 2007, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, sold Consumer Alexis G. of Miami, Florida, an automobile insurance policy with Windhaven Insurance Company.
On or about April 13, 2007, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Alexis G.'s application, with an incorrect garaging address in Le High Acres, Florida, to American Southwest Insurance Managers of Florida, L.L.C.
As a result of this application, Consumer Alexis G.'s premium and fees totaled
$922 rather than the correct amount of $1825.
After the address correction and premium increase, Consumer Alexis G.'s policy was cancelled due to non-payment.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Alexis G.'s fraudulent application using the general lines agent license number of another woman named Mayra Quintana.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, signed and submitted Consumer Alexis G.'s fraudulent application with the signature and general lines agent license number of Henry Llorella using a rubber stamp provided to Mayra Quintana.
IT IS THEREFORE CHARGED that LLORELLA INSURANCE AGENCY has violated
or are accountable under one or more of the following provisions of the Florida Statutes or Florida Administrative Code, which constitute grounds for the suspension or revocation of your licenses as a Florida insurance agency:
Knowingly filing with any supervisory or other public official, making, publishing, disseminating, circulating, delivering to any person, placing before the public, causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, a false material statement. [Section 626.9541(l)(e)l., Florida Statutes]
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]
Knowingly collecting premiums and charges from a Florida resident less than those specified in the policy and as fixed by the insurer. [Section 626.9541(1)(0)2., Florida Statutes]
Any cause for which issuance of the license could have been refused had it then existed and been known to the department. [Section 626.6215(1), Florida Statutes]
Using the license to circumvent any of the requirements or prohibitions of this code. [Section 626.6215(2), Florida Statutes]
Misappropriating, converting, or unlawful withholding of moneys belonging to insurers or insureds ,or beneficiaries or to others and received in the conduct of business under the license. [Section 626.6215(5)(a), Florida Statutes]
Misrepresenting an insurance policy, or deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising. [Section 626.6215(5)(c), Florida Statutes]
Violating provisions of this code or of any other law applicable to the business of insurance in the course of dealing under the license. [Section 626.6215(5)(d}, Florida Statutes]
Violating the department rule by having unlicensed personnel to act as, advertise or hold themselves out to be an insurance agent or customer representative, or engage in the solicitation of insurance [Section 626.6215(5)(e), Florida Statutes and Rule 69B-222.060, Florida Administrative Code]
G) Engaging in unfair methods of competition or in unfair or deceptive acts or practices as prohibited under part IX of this chapter, in the conduct of business under the license. [Section 626.6215(5)(h), Florida Statutes]
Fraudulent or dishonest practices in the conduct of business arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)0), Florida Statutes]
Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)(k), Florida Statutes]
Failing to take corrective action or report a violation to the department within 30 days after an individual licensee's violation is known or should have been known by one or more of the partners, officers, pr managers acting on behalf of the agency. [Section 626.6215(6), Florida Statutes]
Failing to be in the active full-time charge of a licensed general lines agent or life or health agent who is appointed to represent one or more insurers. [Section 626.747, Florida Statutes]
COUNTXXXVI
The above generai allegations are hereby realleged and fully incorporated herein by reference.
On or about April 13, 2007, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, sold Consumer Guillermo J.C. of Miami, Florida, an automobile insurance policy with Windhaven Insurance Company.
On or about April 13, 2007, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Guillermo J.C.'s application, with an incorrect garaging address in Le Height, Florida, to American Southwest Insurance Managers of Florida, L.L.C.
As a result of this application, Consumer Guillermo J.C.'s premium and fees totaled $953 rather than the correct amount of $1876.
After the address correction and premium increase, Consumer Guillermo J.C.'s policy was cancelled due to non-payment.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Guillermo J.C.'s fraudulent application using the general lines agent license number of another woman named Mayra Quintana.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, signed and submitted Consumer Guillermo J.C.'s fraudulent application with the signature and general lines agent license number of Henry Llorella using a rubber stamp provided to Mayra Quintana.
IT IS THEREFORE CHARGED that LLORELLA INSURANCE AGENCY has violated
or are accountable under one or more of the following provisions of the Florida Statutes or Florida Administrative Code, which constitute grounds for the suspension or revocation of your licenses as a Florida insurance agency:
Knowingly filing with any supervisory or other public official, making, publishing, disseminating, circulating, delivering to any person, placing before the public, causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, a false material statement. [Section 626.9541(l)(e)l., Florida Statutes]
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(l)(k)l., Florida Statutes]
Knowingly collecting premiums and charges from a Florida resident less than those specified in the policy and as fixed by the insurer. [Section 626.9541(1)(0)2., Florida Statutes]
Any cause for which issuance of the license could have been refused had it then existed and been known to the department. [Section 626.6215(1), Florida Statutes]
Using the license to circumvent any of the requirements or prohibitions of this code. [Section 626.62-15(2), Florida Statutes]
(t) Misappropriating, converting, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in the conduct of business under the license. [Section 626.6215(5)(a), Florida Statutes]
Misrepresenting an insurance policy, or deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising. [Section 626.6215(5)(c), Florida Statutes]
Violating provisions of this code or of any other law applicable to the business of insurance in the course of dealing under the license. [Section 626.6215(5)(d), Florida Statutes]
Violating the department rule by having unlicensed personnel to act as, advertise or hold themselves out to be an insurance agent or customer representative, or engage in the solicitation of insurance [Section 626.6215(5)(e), Florida Statutes and Rule 69B-222.060, Florida Administrative Code]
G) Engaging in unfair methods of competition or in unfair or deceptive acts or
practices as prohibited under part IX of this chapter, in the conduct of business under the license. [Section 626.6215(5)(h), Florida Statutes]
Fraudulent or dishonest practices in the conduct of business arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)0), Florida Statutes]
Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)(k), Florida Statutes]
Failing to take corrective action or report a violation to the department within 30 days after an individual licensee's violation is known or should have been known by one or more of the partners, officers, or managers acting on behalf of the agency. [Section 626.6215(6), Florida Statutes]
Failing to be in the active full-time charge of a licensed general lines agent or
.life or health agent who is appointed to represent one or more insurers. [Section 626.747, Florida Statutes]
COUNT XXXVII
The above general allegations are hereby realleged and fully incorporated herein by reference.
On or about April 17, 2007, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, sold Consumer Claudia A. of Miami, Florida, an automobile insurance policy with Windhaven Insurance Company.
On or about April 17, 2007, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Claudia A.'s application, with an incorrect garaging address of Satellite Beach, Florida, to American Southwest Insurance Managers of Florida, L.L.C.
As a result of this application, Consumer Claudia A.'s premium and fees totaled
$861 rather than the correct amount of $1843.
After the address correction and premium increase, Consumer Claudia A.'s policy was cancelled due to non-payment.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Claudia A.'s fraudulent application using the general lines agent license number of another woman named Mayra Quintana.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, signed and submitted Consumer Claudia A.'s fraudulent application with the signature and general lines agent license number of Henry Llorella using a rubber stamp provided to Mayra Quintana.
IT IS THEREFORE CHARGED that LLORELLA INSURANCE AGENCY has violated
or are accountable under one or more of the following provisions of the Florida Statutes or Florida Administrative Code, whjch constitute grounds for the suspension or revocation of your licenses as a Florida insurance agency:
Knowingly filing with any supervisory or other public official, making, publishing, disseminating, circulating, delivering to any person, placing before the public, causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, a false material statement. [Section 626.9541(1)(e)l., Florida Statutes]
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 626.954l(l)(k)l., Florida Statutes]
Knowingly collecting premiums and charges from a Florida resident less than those specified in the policy and as fixed by the insurer. [Section 626.9541(1)(0)2., Florida Statutes]
Any cause for which issuance of the license could have been refused had it then existed and been known to the department. [Section 626.6215(1), Florida Statutes]
Using the license to circumvent any of the requirements or prohibitions of this code. [Section 626.6215(2), Florida Statutes]
Misappropriating, converting, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in the conduct of business under the license. [Section 626.6215(5)(a), Florida Statutes]
Misrepresenting an insurance policy, or deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising. [Section 626.6215(5)(c), Florida Statutes]
Violating provisions of this code or of any other law applicable to the business of insurance in the course of dealing under the license. [Section 626.6215(5)(d), Florida Statutes]
Violating the department rule by having unlicensed personnel to act as, advertise or hold themselves out to be an insurance agent or customer representative, or engage in the solicitation of insurance [Section 626.6215(5)(e), Florida Statutes and Rule 69B-222.060, Florida Administrative Code]
G) Engaging in unfair methods of competition or in unfair or deceptive acts or practices as prohibited under part IX of this chapter, in the conduct of business under the license. [Section 626.6215(5)(h), Florida Statutes]
Fraudulent or dishonest practices in the conduct of business arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)0), Florida Statutes]
Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)(k), Florida Statutes]
Failing to take corrective action or report a violation to the department within 30 days after an individual licensee's violation is known or should have been known by one or more of the partners, officers, or managers acting on behalf of the agency. [Section 626.6215(6), Florida Statutes]
Failing to be in the active full-time charge of a licensed general lines agent or life or health agent who is appointed to represent one or more insurers. [Section 626.747, Florida Statutes]
COUNT xxxvnr'
The above general allegations are hereby realleged and fully i°:corporated herein by reference.
On or about April 30, 2007, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, sold Consumer Lazaro R. of Miami, Florida, an automobile insurance policy with Windhaven Insurance Company.
On or about April 30, 2007, Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Lazaro R.'s application, with an incorrect garaging address in Key West, Florida, to American Southwest Insurance Managers of Florida, L.L.C.
As a result of this application, Consumer Lazaro R.'s premium and fees totaled
$1088 rather than the correct amount of $2238.
After the address correction and premium increase, Consumer Lazaro R.'s policy was cancelled due to non-payment.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, submitted Consumer Lazaro R.'s fraudulent application using the general lines agent license number of another woman named Mayra Quintana.
Mayra Quintana, on behalf of LLORELLA INSURANCE AGENCY, signed and submitted Consumer Lazaro R.'s fraudulent application with the signature and general lines agent license number of Henry Llorella using a rubber stamp provided to Mayra Quintana.
IT IS THEREFORE CHARGED that LLORELLA INSURANCE AGENCY has violated
or are accountable under one or more of the following provisions of the Florida Statutes or Florida Administrative Code, which constitµte grounds for the suspension or revocation of your licenses as a Florida insurance agency:
Knowingly filing with any supervisory or other public official, making, publishing, disseminating, circulating, delivering to any person, placing before the public, causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, a false material statement. [Section 626.954l(l)(e)l., Florida Statutes]
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]
Knowingly collecting premiums and charges from a Florida resident less than those specified in the policy and as fixed by the insurer. [Section 626.9541(1)(0)2., Florida Statutes]
Any cause for which issuance of the license could have been refused had it then existed and been known to the department. [Section 626.6215(1), Florida Statutes]
Using the license to circumvent any of the requirements or prohibitions of this code. [Section 626.6215(2), Florida Statutes]
Misappropriating, converting, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in the conduct of business under the license. [Section 626.6215(5)(a), Florida Statutes]
Misrepresenting an insurance policy, or deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising. [Section 626.6215(5)(c), Florida Statutes]
Violating provisions of this code or of any other law applicable to the business of insurance in the course of dealing under the license. [Section 626.6215(5)(d), Florida Statutes]
Violating the department rule by having unlicensed personnel to act as, advertise or hold themselves out to be an insurance agent or customer representative, or engage in the solicitation of insurance [Section 626.6215(5)(e), Florida Statutes and Rule 69B-222.060, Florida Administrative Code]
G) Engaging in unfair methods of competition or in unfair or deceptive acts or
practices as prohibited under part IX of this chapter, in the conduct of business under the license. [Section 626.6215(5)(h), Florida Statutes]
Fraudulent or dishonest practic s in the conduct of business arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)G), Florida .Statutes]
Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)(k), Florida Statutes]
Failing to take corrective action or report a violation to the department within 30 days after an individual licensee's violation is known or should have been known by one or more of the partners, officers, or managers acting on behalf of the agency. [Section 626.6215(6), Florida Statutes]
Failing to be in the active full-time charge of a licensed general lines agent or life or health agent who is appointed to represent one or more insurers. [Section 626.747, Florida Statutes]
COUNTXXXIX
The above general allegations are hereby realleged and fully incorporated herein by reference.
On October 11, 2006, Orlando Quintana, on behalf ofLLORELLA INSURANCE AGENCY, submitted an Application for Agency Licensure to the Department.
This application listed Henry Llorella as the agent to be in full-time charge of LLORELLA INSURANCE AGENCY although Henry Llorella was a part-time employee.
IT IS THEREFORE CHARGED that LLORELLA INSURANCE AGENCY has violated
or are accountable under one or more of the following provisions of the Florida Statutes or
Florida Administrative Code, which constitute grounds for the suspension or revocation of your licenses as a Florida insurance agency:
Knowingly filing with any supervisory or other public official, making, publishing, disseminating, circulating, delivering to any person, placing before the public, causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, a false material statement. [Section 626.954l(l)(e)l., Florida Statutes]
Making a material misstatement, misrepresentation, or fraud in obtaining the license or in attempting to obtain the license [Section 626.6115(2), Florida Statutes]
Any cause for which issuance of the license could have been refused had it then existed and been known to the department. [Section 626.6215(1), Florida Statutes]
Violating provisions of this code or of any other law applicable to the business of insurance in the course of dealing under the license. [Section 626.6215(5)(d), Florida Statutes]
Engaging in unfair methods of competition or in unfair or deceptive acts or practices as prohibited under part IX of this chapter, in the conduct of business under the license. [Section 626.6215(5)(h), Florida Statutes]
Fraudulent or dishonest practices in the conduct of business arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)G), Florida Statutes]
Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)(k), Florida Statutes]
Failing to take corrective action or report a violation to the department within 30 days after an individual licensee's violation is known or should have been known by one or more
of the partners, officers, or managers acting on behalf of the agency. [Section 626.6215(6), Florida Statutes]
Failing to be in the active full-time charge of a licensed general lines agent or life or health agent who is appointed to represent one or more insurers. [Section 626.747, Florida Statutes]
WHEREFORE, LLORELLA INSURANCE AGENCY is hereby notified that the Chief Financial Officer intends to enter an Order suspending or revoking its licenses and appointments as an insurance agency or to impose such penalties as may be provided under the provisions of Sections 626.6115, 626.6215, 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.
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 28-106, 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/or a petition for administrative hearing will suffice as a written request. The request must be filed with the General Counsel acting as the 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 SUSPENSION OR REVOCATION WILL BE ENTERED AGAINST YOU, WHICH MAY INCLUDE A MONETARY FINE.
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:
The name, address, and telephone number, and facsimile number (if any) of the respondent (for the purpose ofrequesting a hearing in this matter, you are the "respondent").
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.
A statement requesting an administrative hearing identifying those material facts that are in dispute. If there are none, the petition. must so indicate.
A statement of when the respondent received notice of the administrative complaint.
A statement including the file number to the administrative complaint.
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 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.
hief Financial Officer
DATED and SIGNED this (/) day of S(...A.,,n...e ; , 2008.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF PRqCEEDING has been furnished to the following by
certified mail restricted delivery this day of June. , 2008.
Mayra Quintana, Owner and Vice-President Orlando Quintana, President
Ariel Andres Torres, Secretary
MCQ CORPORATION d/b/a LLORELLA INSURANCE AGENCY
601 NW 109th Avenue, No. 6
Miami, FL 33172
Mayra Quintana, Owner and Vice-President Orlando Quintana, President
Ariel Andres Torres, Secretary
MCQ CORPORATION d/b/a LLORELLA INSURANCE AGENCY
515 SW lih Avenue, Suite 525
Miami, Florida 33130
Rogelio A. Del Pino, Esq. Registered Agent
MCQ CORPORATION d/b/a LLORELLA INSURANCE AGENCY
5040 NW 7th Street, Suite 750 Miami, FL 33126 US
R
Senior Attorney
Florida Bar No. 0634948
Florida Department of Financial Services Division of Legal Services
200 East Gaines Street, 612 Larson
Tallahassee, Florida 32399-0333
Telephone: (850) 413-4236
Facsimile: (850) 488-0697
Email: regina.keenan@myfloridacfo.com
IN THE MATTER OF:
STATE OF FLORIDA
DEPARTMENT OF FINANCIAL SERVICES DIVISION OF LEGAL SERVICES
MCQ CORPORATION d/b/a LLORELLA INSURANCE AGENCY
!
CASE NO.: 93943-08-AG
ELECTION OF PROCEEDING
I have 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 I understand my options. I am requesting disposition of this matter as indicated below. (CHOOSE ONE)
I. [ ] I do not dispute any of the Department's factual allegations and I do not desire a hearing. I 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.
I do not dispute any of the Department's factual allegations and I hereby elect a proceeding 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 lieu of a hearing; or
[ ] Personally attend a hearing conducted by a department hearing officer in Tallahassee; or [ ] Attend that same hearing by way of a telephone conference call.
[ ] I do dispute one or more of the Department's factual allegations. I hereby request a hearing pursuant to Section 120.57(1), Florida Statutes, to be held before the Division of Administrative Hearings. I 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 (21) 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 Financial Services, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0333.
Signature
Date:
Print Name
Address: _
Date Administrative
Complaint Received: _
If you are represented by an attorney or qualified representative, please attach to this election form his or her name, address, telephone and fax numbers
Phone No.: _ Fax No.:
