CHIEF FINANCIAL OFFICER
JEFF ATWATER
STATE OF FWRlDA
JUN 2 7 2012
IN THE MATIER OF:
MIGUEL ENRIQUE TURBA Y
I
CASE NO.: 121979-12-AG
ADMINISTRATIVE COMPLAINT
MIGUEL ENRIQUE TURBAY
204 SW sih Avenue Miami, Florida 33144
You, MIGUEL ENRIQUE TURBAY, are hereby notified that the Chief Financial Officer of the State of Florida has cause to be made an investigation of your activities while licensed in this state, as a result of which it is alleged:
GENERAL ALLEGATIONS
Pursuant to Chapter 626, Florida Statutes, you, MIGUEL ENRIQUE TURBAY, are the agent of record for Kompare Insurance, Inc., a Florida incorporated insurance agency,
· and are licensed in this state as a general lines insurance agent.
At all times pertinent to the dates and occurrences referred to herein, you, MIGUEL ENRIQUE TURBAY, were licensed in this state as a general lines agent.
Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial Services ("Departmenf') has jurisdiction over your license.
Filed September 18, 2012 10:56 AM Division of Administrative Hearings
At all times pertinent to the dates and occurrences referred to herein, you, MIGUEL ENRIQUE TURBAY, through Kompare Insurance, Inc., had a contractual relationship with MGA (Gainsco) Insurance Company and Kingsway Amigo Insurance Company (formerly
U.S. Security Insurance Company) and were the agency licensed agent of record.
At all times pertinent to the dates and occurrences referred to herein, you, MIGUEL ENRIQUE TURBAY, were acting both on behalf of the corporation, Kompare Insurance, as well as in your individual capacity.
COUNTI
The above general allegations are hereby realleged and fully incorporated herein by reference.
On or about August 17, 2011, you, MIGUEL ENRIQUE TURBAY, did submit an ' application for motor vehicle insurance to MGA Insurance Company with Leonel Lopez as the listed applicant, and signed by you, MIGUEL ENRIQUE TURBAY, as the agent of record. The policy was issuect
The application falsely and fraudulently lists the motor vehicle's garage address zip code as 33040 in Miami, Florida, with the premium assessed at $618.00. 33040 is a zip code assigned to Key West, Florida, and not Miami, Florida. In reality the insured motor vehicle's
, accurate garage address zip code is 33134 in Miami, Florida, which would have resulted in a greater assessed premium of $1,936.00. You, MIGUEL ENRIQUE TURBAY, were aware of or should have been aware of these facts.
The false zip code and false premium amount listed on the application submitted by you, MIGUEL ENRIQUE TURBAY, were false and material misstatements of fact. The false and material misstatements were made for the sole purpose of premium evasion and your
obtaining a commission. You, MIGUEL ENRIQUE TURBAY, were aware of or should have been aware of these facts.
You, MIGUEL ENRIQUE TURBAY, have knowingly collected as a premium a sum less that the premium applicable to such motor vehicle insurance. As a result, the insurer was deprived of the difference between the lesser false quoted submitted premium and the greater true premium, and has suffered a financial loss.
IT IS THEREFORE CHARGED that you, MIGUEL ENRIQUE TURBAY, have violated or are accountable under one or more of the following provisions of the Florida Statutes and/or the Florida Administrative Code, which constitutes sufficient grounds to suspend or revoke your license or appointment, or revoke your eligibility to hold a license or appointment:
Section 626.611(5), Florida Statutes, which provides that the Department shall suspend or revoke a license or appointment, or the eligibility to hold a license or appointment, of any person it finds willfully misrepresented any insurance policy or willfully deceived with regard to any such policy, done either in person or by any form of dissemination of information or advertising.
Section 626.611(7), Florida Statutes, which provides that the Department shall suspend or revoke a license or appointment, or the eligibility to hold a license or appointment, of any person it finds demonstrated lack of fitness or trustworthiness to engage in the business of insurance.
Section 626.611(9), Florida Statutes, which provides that the Department shall suspend or revoke a license or appointment, or the eligibility to hold a license or appointment, of any person it finds engages in fraudulent or dishonest practices in the conduct of business under the license or appointment.
Section 626.621(2), Florida Statutes, which provides that the Department may suspend or revoke a license or appointment, or the eligibility to hold a license or appointment, of any person it finds has violated any provision of the Insurance Code or any other law applicable to the business of insurance in the course of dealing under the license or appointment.
Section 626.621(6), Florida Statutes, which provides that the Department may suspend or revoke a license or appointment, or the eligibility to hold a license or appointment, of any person it finds engaging in unfair methods of competition or in unfair or deceptive acts or practices, as prohibited under Part X of this Chapter.
Section 626.954l(l)(e)l, Florida Statutes, which provides that knowingly making any false material statement is an unfair or deceptive act or practice.
Section 626.9541(1)(k)l, Florida Statutes, which provides that knowingly making a false or fraudulent written statement on an insurance application is an unfair or deceptive act or practice.
Section 626.9541(1)(o)2, Florida Statutes which provides that knowingly collecting as a premium or charge for insurance any sum in excess of or less than the premium or charge applicable to such insurance, in accordance with the applicable classifications and rates as filed with and approved by the office, and as specified in the policy; or, in cases when classifications, premiums, or rates are not required by this code to be so filed and approved, premiums and charges collected from a Florida resident in excess of or less than those specified in the policy and as fixed by the insurer is an unfair or deceptive act or practice.
COUNT II
The above general allegations are hereby realleged and fully incorporated herein by reference.
On or about August 13, 2011, you, MIGUEL ENRIQUE TURBAY, did submit an application for motor vehicle insurance to MGA Insurance Company with Jose M. Gomez Rodriguez as the listed applicant, and signed by you, MIGUEL ENRIQUE TURBAY, as the agent of record. The policy was issued.
The application falsely and fraudulently lists the motor vehicle's garage address zip code as 33040 in Miami, Florida, with the premium assessed at $525.29. 33040 is a zip code assigned to Key West, Florida, and not Miami, Florida. In reality the insured motor vehicle's accurate garage address zip code is 33144 in Miami, Florida, which would have resulted in a greater assessed premium of $1,456.23. You, MIGUEL ENRIQUE TURBAY, were aware of or should have been aware of these facts.
The false zip code and false premium amount listed on the application submitted by you, MIGUEL ENRIQUE TURBA Y, were false and material misstatements of fact. The false and material misstatements were made for the sole purpose of evading the payment of the greater premium and obtaining a commission. You, MIGUEL ENRIQUE TURBAY, were aware of or should have been aware of these facts.
You, MIGUEL ENRIQUE TURBAY, have knowingly collected as a premium a sum less that the premium applicable to such motor vehicle insurance. As a result, the insurer was deprived of approximately $930.94 in premium, the difference between the false quoted submitted premium and the greater true premium, and has suffered a financial loss.
IT IS THEREFORE CHARGED that you, MIGUEL ENRIQUE TURBAY, have violated or are accountable under one or more of the following provisions of the Florida Statutes and/or the Florida Administrative Code, which constitutes sufficient grounds to suspend or revoke your license or appointment, or revoke your eligibility to hold a license or appointment: Sections 626.611(5); 626.611(7); 626.611(9); 626.621(2); 626.621(6); 626.9541(1)(e)l; 626.9541(1)(k)l,
and 626.9541(1)(0)2, Florida Statutes as more particularly alleged in Count I above.
COUNT III
The above general allegations are hereby realleged and fully incorporated herein by reference.
On or about August 11, 2011, you, MIGUEL ENRIQUE TURBAY, did submit an application for motor vehicle insurance to MGA Insurance Company with Carlos Ocampo as the listed applicant, and signed by you, MIGUEL ENRIQUE TURBAY, as the agent of record. The policy was issued.
The application falsely and fraudulently lists the motor vehicle's garage address zip code as 33040 in Miami, Florida, with the premium assessed at $746.12. 33040 is a zip code assigned to Key West, Florida, and not Miami, Florida. In reality the insured motor vehicle's accurate garage address zip code is 33134 in Miami, Florida, which would have resulted in a greater assessed premium of $1013.55. You, MIGUEL ENRIQUE TORBAY, were aware of or should have been aware of these facts.
The false zip code and false premium amount listed on the application submitted by you, MIGUEL ENRIQUE TURBAY, were false and material misstatements of fact. The false and material misstatements were made for the sole purpose of evading the payment of the
greater premium and obtaining a commission. You, MIGUEL ENRIQUE TURBAY, were aware of or should have been aware of these facts.
You, MIGUEL ENRIQUE TURBAY, have knowingly collected as a premium a sum less that the premium applicable to such motor vehicle insurance. As a result, the insurer was deprived of the difference between the false quoted premium and the greater premium, and has suffered a financial loss.
IT IS THEREFORE CHARGED that you, MIGUEL ENRIQUE TURBAY, have violated or are accountable under one or more of the following provisions of the Florida Statutes and/or the Florida Administrative Code, which constitutes sufficient grounds to suspend or revoke your license or appointment, or revoke your eligibility to hold a license or appointment: Sections 626.611(5); 626.611(7); 626.611(9); 626.621(2); 626.954l(l)(e)l; 626.954l(l)(k)l and
626.9541(1)(0)2, Florida Statutes as more particularly alleged in Count I above.
COUNT IV
The above general allegations are hereby realleged and fully incorporated herein by reference.
On or about August 8, 2011, you, MIGUEL ENRIQUE TURBAY, did submit an application for motor vehicle insurance to MGA Insurance Company with Jose Machado as the
listed applicant, and signed by you, MIGUEL ENRIQUE TURBAY, as the agent of record. The policy was issued.
The application falsely and fraudulently lists the motor vehicle's garage address zip code as 33040 in Miami, Florida, with the premium assessed at $928.46. 33040 is a zip code assigned to Key West, Florida, and not Miami, Florida. In reality the insured motor vehicle's accurate garage address zip code is 33144 in Miami, Florida which would have resulted in a
greater assessed premium of $2094.82. You, MIGUEL ENRIQUE TURBAY, were aware of or should have been aware of these facts.
The false zip code and false premium amount listed on the application submitted by you, MIGUEL ENRIQUE TURBAY, were false and material misstatements of fact. The false arid material misstatements were made for the sole purpose of evading the payment of the greater premium and obtaining a commission. You, MIGUEL ENRIQUE TURBAY, were aware of or should have been aware of these facts.
You, MIGUEL ENRIQUE TURBAY, have knowingly collected as a premium a sum less that the premium applicable to such motor vehicle insurance. As a result, the insurer was deprived of the difference between the false quoted premium and the greater premium, and has suffered a financial loss.
IT IS THEREFORE CHARGED that you, MIGUEL ENRIQUE TURBAY, have violated or are accountable under one or more of the following provisions of the Florida Statutes and/or the Florida Administrative Code, which constitutes sufficient grounds to suspend or revoke your license or appointment, or revoke your eligibility to hold a license or appointment: Sections 626.611(5); 626.611(7); 626.611(9); 626.621(2); 626.9541(1)(e)l; 626.954l(l)(k)l and
626.9541(1)(o)2, Florida Statutes as more particularly alleged in Count I above.
COUNTY
The above general allegations are hereby realleged and fully incorporated herein by reference.
On or about August 4, 2011, you, MIGUEL ENRIQUE TURBAY, did submit an application for motor vehicle insurance to MGA Insurance Company with Roberti Sori as the
listed applicant, and signed by you, MIGUEL ENRIQUE TURBAY, as the agent of record. The policy was issued.
The application falsely and fraudulently lists the motor vehicle's garage address
zip code as 33040 in Miami, Florida with the premium assessed at $618.48. 33040 is a zip code assigned to Key West, Florida, and not Miami, Florida. In reality the insured motor vehicle's accurate garage address zip code is 33126 in Miami, Florida which would have resulted in a greater assessed premium of $1936.40. You, MIGUEL ENRIQUE TURBAY, were aware of or should have been aware of these facts.
The false zip code and false premium amount listed on the application submitted by you, MIGUEL ENRIQUE TURBAY, were false and material misstatements of fact. The false and material misstatements were made for the sole purpose of evading the payment of the greater premium and obtaining a commission. You, MIGUEL ENRIQUE TURBAY, were aware of or should have been aware of these facts.
You, MIGUEL ENRIQUE TURBAY, have knowingly collected as a premium a sum less that the premium applicable to such motor vehicle insurance. As a result, the insurer was deprived of the difference between the false quoted premium and the greater premium, and has suffered a financial loss.
IT IS THEREFORE CHARGED that you, MIGUEL ENRIQUE TURBAY, have violated or are accountable under one or more of the following provisions of the Florida Statutes and/or the Florida Administrative Code, which constitutes sufficient grounds to suspend or revoke your license or appointment, or revoke your eligibility to hold a license or appointment: Sections 626.611(5); 626.611(7); 626.611(9); 626.621(2); 626.954l(l)(e)l; 626.954l(l)(k)l and
626.9541(1)(o)2, Florida Statutes as more particularly alleged in Count I above.
COUNT VI
The above general allegations are hereby realleged and fully incorporated herein by reference.
On or about August 2, 2011, you, MIGUEL ENRIQUE TURBAY, did submit an application for motor vehicle insurance to MGA Insurance Company with Elena Bartholemy as the listed applicant, and signed by you, MIGUEL ENRIQUE TURBA Y, as the agent of record. The policy was issued.
33, The application falsely and fraudulently lists the motor vehicle's garage address zip code as 33040 in Miami, Florida, with the premium assessed at $827.16. 33040 is a zip code assigned to Key West, Florida, and not Miami, Florida. In reality the insured motor vehicle's accurate garage address zip code is 33126 in Miami, Florida, which would have resulted in a greater assessed premium of $2,799.47. You, MIGUEL ENRIQUE TURBAY, were aware of or should have been aware of these facts.
The false zip code and false premium amount listed on the application submitted by you, MIGUEL ENRIQUE TURBAY, were false and material misstatements of fact. The false and material misstatements were made for the sole purpose of evading the payment of the greater premium and obtaining a commission. You, MIGUEL ENRIQUE TURBAY, were aware of or should have been aware of these facts.
You, MIGUEL ENRIQUE TURBAY, have knowingly collected as a premium a sum less that the premium applicable to such motor vehicle insurance. As a result, the insurer was deprived of the difference between the false quoted premium and the greater premium, and has suffered a financial loss.
IT IS THEREFORE CHARGED that you, MIGUEL ENRIQUE TURBAY, have violated or are accountable under one or more of the following provisions of the Florida Statutes and/or the Florida Administrative Code, which constitutes sufficient grounds to suspend or revoke your license or appointment, or revoke your eligibility to hold a license or appointment: Sections 626.611(5); 626.611(7); 626.611(9); 626.621(2); 626.9541(1)(e)1;626.954l(l)(k)l and
626.9541(1)(0)2, Florida Statutes as more particularly alleged in Count I above.
COUNT VII
The above general allegations are hereby realleged and fully incorporated herein by reference.
On or about July 29, 2011, you, MIGUEL ENRIQUE TURBAY, did submit an
application for motor vehicle insurance to MGA Insurance Company with Rolando Gonzalez as the listed applicant, and signed by you, MIGUEL ENRIQUE TURBAY, as the agent of record. The policy was issued.
The application falsely and fraudulently lists the motor vehicle's garage address zip code as 33040 in Miami, Florida with the premium assessed at $1916.14. 33040 is a zip code assigned to Key West, Florida, and not Miami, Florida. In reality the insured motor vehicle's accurate garage address zip code is 33134 in Miami, Florida with a greater assessed premium of
$6264.95. You, MIGUEL ENRIQUE TURBAY, were aware of or should have been aware of these facts.
The false zip code and false premium amount listed on the application submitted
by you, MIGUEL ENRIQUE TURBAY, were false and material misstatements of fact. The false and material misstatements were made for the sole purpose of evading the payment of the
greater premium and obtaining a commission. You, MIGUEL ENRIQUE TURBAY, were aware of or should have been aware of these facts.
You, MIGUEL ENRIQUE TURBAY, have knowingly collected as a premium a sum less that the premium applicable to such motor vehicle insurance. As a result, the insurer was deprived of the difference between the false quoted premium and the greater premium, and has suffered a financial loss.
IT IS THEREFORE CHARGED that you, MIGUEL ENRIQUE TURBAY, have violated or are accountable under one or more of the following provisions of the Florida Statutes and/or the Florida Administrative Code, which constitutes sufficient grounds to suspend or revoke your license or appointment, or revoke your eligibility to hold a license or appointment: Sections 626.611(5); 626.611(7); 626.611(9); 626.621(2); 626.954l(l)(e)l; 626.954l(l)(k)l and
626.9541(I)(o)2, Florida Statutes as more particularly alleged in Count I above.
COUNT VIII
The above general allegations are hereby realleged and fully incorporated herein by reference.
On or about July 27, 2011, you, MIGUEL ENRIQUE TURBAY, did submit an
application for motor vehicle insurance to MGA Insurance Company with Jorge Abigantus as the listed applicant, and signed by you, MIGUEL ENRIQUE TURBAY, as the agent of record. The policy was issued.
The application falsely and fraudulently lists the motor vehicle's garage address zip code as 33040 in Opa Locka Florida, with the premium assessed at $545.55. 33040 is a zip code assigned to Key West, Florida, and not Opa Locka, Florida. In reality the insured motor vehicle's accurate garage address zip code is 33054 in Opa Locka, Florida, with a greater
assessed premium of $771.45. You, MIGUEL ENRIQUE TURBAY, were aware of or should have been aware of these facts.
The false zip code and false premium amount listed on the application submitted by you, MIGUEL ENRIQUE TURBAY, were false and material misstatements of fact. The false and material misstatements were made for the sole purpose of evading the payment of the greater premium and obtaining a commission. You, MIGUEL ENRIQUE TURBAY, were aware of or should have been aware of these facts.
You, MIGUEL ENRIQUE TURBAY, have knowingly collected as a premium a sum less that the premium applicable to such motor vehicle insurance. As a result, the insurer was deprived of the difference between the false quoted premium and the greater premium, and has suffered a financial loss.
IT IS THEREFORE CHARGED that you, MIGUEL ENRIQUE TURBAY, have violated or are accountable under one or more of the following provisions of the Florida Statutes and/or the Florida Administrative Code, which constitutes sufficient grounds to suspend or revoke your license or appointment, or revoke your eligibility to hold a license or appointment: Sections 626.611(5); 626.611(7); 626.611(9); 626.621(2); 626.9541(1)(e)l; 626.9541(1)(k)l and
626.9541(1)(0)2, Florida Statutes as more particularly alleged in Count I above.
COUNT IX
The above general allegations are hereby realleged and fully incorporated herein by reference.
On or about July 22, 2011, you, MIGUEL ENRIQUE TURBAY, did submit an
application for motor vehicle insurance to MGA Insurance Company with Jose Argueta as the
listed applicant, and signed by you, MIGUEL ENRIQUE TURBAY, as the agent of record. The policy was issued.
The application falsely and fraudulently lists the motor vehicle's garage address zip code as 33040 in Homestead, Florida, with the premium assessed at $676.35. 33040 is a zip code assigned to Key West, Florida, and not Homestead, Florida. In reality the insured motor vehicle's accurate garage address zip code is 33032 in Homestead, Florida, which would have resulted in a greater assessed premium of$687.50. You, MIGUEL ENRIQUE TURBAY, were aware ofor should have been aware of these facts.
The false zip code and false premium amount listed on the application submitted by you, MIGUEL ENRIQUE TURBAY, were false and material misstatements of fact. The false and material misstatements were made for the sole purpose of evading the payment of the greater premium and obtaining a commission. You, MIGUEL ENRIQUE TURBAY, were aware of or should have been aware of these facts.
You, MIGUEL ENRIQUE TURBAY, have knowingly collected as a premium a sum less that the premium applicable to such motor vehicle insurance. As a result, the insurer was deprived of the difference between the false quoted premium and the greater premium, and has suffered a financial loss.
IT IS THEREFORE CHARGED that you, MIGUEL ENRIQUE TURBAY, have violated or are accountable under one or more of the following provisions of the Florida Statutes and/or the Florida Administrative Code, which constitutes sufficient grounds to suspend or revoke your license or appointment, or revoke your eligibility to hold a license or appointment: Sections 626.611(5); 626.611(7); 626.611(9); 626.621(2); 626.9541(l)(e)l; 626.954l(l)(k)l and
626.9541(1)(o)2, Florida Statutes as more particularly alleged in Count I above.
COUNTX
The above general allegations are hereby realleged and fully incorporated herein by reference.
On or about July 21, 2011, you, MIGUEL ENRIQUE TURBAY, did submit an application for motor vehicle insurance to MGA Insurance Company with Erich Farray as the listed applicant, and signed by you, MIGUEL ENRIQUE TURBAY, as the agent of record. The policy was issued.
The application falsely and fraudulently lists the motor vehicle's garage address zip code as 33040 in Miami, Florida, with the premium assessed at $940.62. 33040 is a zip code assigned to Key West, Florida, and not Miami, Florida. In reality the insured motor vehicle's accurate garage address zip code is 33126 in Miami, Florida, with a greater assessed premium of
$4351.39. You, MIGUEL ENRIQUE TURBAY, were aware of or should have been aware of these facts.
The false zip code and false premium amount listed on the application submitted by you, MIGUEL ENRIQUE TURBAY, were false and material misstatements of fact. The false and material misstatements were made for the sole purpose of evading the payment of the greater premium and obtaining a commission. You, MIGUEL ENRIQUE TURBAY, were aware of or should have been aware of these facts.
You, MIGUEL ENRIQUE TURBAY, have knowingly collected as a premium a sum less that the premium applicable to such motor vehicle insurance. As a result, the insurer was deprived of the difference between the false quoted premium and the greater premium, and has suffered a financial loss.
IS
IT IS THEREFORE CHARGED that you, MIGUEL ENRIQUE TURBAY, have violated or are accountable under one or more of the following provisions of the Florida Statutes and/or the Florida Administrative Code, which constitutes sufficient grounds to suspend or revoke your license or appointment, or revoke your eligibility to hold a license or appointment: Sections 626.611(5); 626.611(7); 626.611(9); 626.621(2); 626.954l(l)(e)l; 626.954l(l)(k)l and
626.9541(1)(0)2 Florida Statutes as more particularly alleged in Count I above..
COUNT XI
The above general allegations are hereby realleged and fully incorporated herein by reference.
On or about April 12, 2011, you, MIGUEL ENRIQUE TURBAY, did submit an application for motor vehicle insurance to Kingsway Amigo Insurance Company (formerly U.S. Security Insurance) with Andres E. Acosta Urbaneja as the listed applicant, and signed by you, MIGUEL ENRIQUE TURBAY, as the agent of record. The policy was issued.
The application falsely and fraudulently lists the motor vehicle's garage address zip code as 32009 in Hallandale, Florida, with the premium assessed at $504.47. 32009 is a zip code assigned to Bryceville, Florida (in Duval County), and not Hallandale, Florida. In reality the insured motor vehicle's accurate garage address zip code is 33009 in Hallandale, Florida, which would have resulted in a greater assessed premium of $1102.00. You, MIGUEL ENRIQUE TURBAY, were aware of or should have been aware of these facts.
The false zip code and false premium amount listed on the application submitted by you, MIGUEL ENRIQUE TURBAY, were false and material misstatements of fact. The false and material misstatements were made for the sole purpose of evading the payment of the
greater premium and obtaining a commission. You, MIGUEL ENRIQUE TURBAY, were aware of or should have been aware of these facts.
You, MIGUEL ENRIQUE TURBAY, have knowingly collected as a premium a sum less that the premium applicable to such motor vehicle insurance. As a result, the insurer was deprived of the difference between the false quoted premium and the greater premium, and has suffered a financial loss.
IT IS THEREFORE CHARGED that you, MIGUEL ENRIQUE TURBAY, have violated or are accountable under one or more of the following provisions of the Florida Statutes and/or the Florida Administrative Code, which constitutes sufficient grounds to suspend or revoke your license or appointment, or revoke your eligibility to hold a license or appointment: Sections 626.611(5); 626.611(7); 626.611(9); 626.621(2); 626.9541(1)(e)l; 626.9541(1)(k)l and
626.9541(1)(0)2 Florida Statutes as more particularly alleged in Count I above.
COUNT XII
The above general allegations are hereby realleged and fully incorporated herein by reference.
On or about May 21, 2011, you, MIGUEL ENRIQUE TURBAY, did submit an application for motor vehicle insurance to Kingsway Amigo Insurance Company (formerly U.S. Security Insurance) with Daniel Escalona Diaz as the listed applicant, and signed by you, MIGUEL ENRIQUE TURBAY, as the agent of record. The policy was issued.
The application falsely and fraudulently lists the motor vehicle's garage address zip code as 32125 in Miami, Florida, with the premium assessed at $602.74. 32125 is a zip code assigned to Daytona Beach, Florida, and not Miami, Florida. In reality the insured motor vehicle's accurate garage address zip code is 33125 in Miami, Florida, which would have
resulted in a greater assessed premium of$922.00. You, MIGUEL ENRIQUE TURBAY, were aware of or should have been aware of these facts.
The false zip code and false premium amount listed on the application submitted by you, MIGUEL ENRIQUE TURBAY, were false and material misstatements of fact. The false and material misstatements were made for the sole purpose of evading the payment of the greater premium and obtaining a commission. You, MIGUEL ENRIQUE TURBAY, were aware of or should have been aware of these facts.
You, MIGUEL ENRIQUE TURBAY, have knowingly collected as a premium a sum less that the premium applicable to such motor vehicle insurance. As a result, the insurer was deprived of the difference between the false quoted premium and the greater premium, and has suffered a financial loss.
IT IS THEREFORE CHARGED that you, MIGUEL ENRIQUE TURBAY, have violated or are accountable under one or more of the following provisions of the Florida Statutes and/or the Florida Administrative Code, which constitutes sufficient grounds to suspend or revoke your license or appointment, or revoke your eligibility to hold a license or appointment: Sections 626.611(5); 626.611(7); 626.611(9); 626.621(2); 626.9541(1)(e)1;626.954l(l)(k)l and Section
626.9541(1)(0)2, Florida Statutes as more particularly alleged in Count I above.
COUNT XIII
The above general allegations are hereby realleged and fully incorporated herein by reference.
On or about April 16, 2011, you, MIGUEL ENRIQUE TURBAY, did submit an application for motor vehicle insurance to Kingsway Amigo Insurance Company with Eduardo J.
Farias Ordonez as the listed applicant, and signed by you, MIGUEL ENRIQUE TURBAY, as the agent of record. The policy was issued.
The application falsely and fraudulently lists the motor vehicle's garage address zip code as 32164 in Miami, Florida, with the premium assessed at $981.60. 32164 is a zip code assigned to Palm Coast, Florida (in Flagler County), and not Miami, Florida. In reality the insured motor vehicle's accurate garage address zip code is 33165 in Miami, Florida which
, would have resulted in a greater assessed premium of $2,206.00. You, MIGUEL ENRIQUE TURBAY, were aware of or should have been aware of these facts.
The false zip code and false premium amount listed on the application submitted by you, MIGUEL ENRIQUE TURBAY, were false and material misstatements of fact. The false and material misstatements were made for the sole purpose of evading the payment of the greater premium and obtaining a commission. You, MIGUEL ENRIQUE TURBAY, were aware of or should have been aware of these facts.
You, MIGUEL ENRIQUE TURBAY, have knowingly collected as a premium a sum less that the premium applicable to such motor vehicle insurance. As a result, the insurer was deprived of the difference between the false quoted premium and the greater premium, and has suffered a financial loss.
IT IS THEREFORE CHARGED that you, MIGUEL ENRIQUE TURBAY, have violated or are accountable under one or more of the following provisions of the Florida Statutes and/or the Florida Administrative Code, which constitutes sufficient grounds to suspend or revoke your license or appointment, or revoke your eligibility to hold a license or appointment: Sections 626.611(5); 626.611(7); 626.611(9); 626.621(2); 626.9541(1)(e)l; 626.954l(l)(k)l and Section
626.9541(1)(o)2, Florida Statutes as more particularly alleged in Count I above.
COUNT XIV
The above general allegations are hereby realleged and fully incorporated herein by reference.
On or about April 28, 2011, you, MIGUEL ENRIQUE TURBAY, did submit an application for motor vehicle insurance to Kingsway Amigo Insurance Company with Lazaro Blanco as the listed applicant, and signed by you, MIGUEL ENRIQUE TURBAY, as the agent
·of record. The policy was issued.
The application falsely and fraudulently lists the motor vehicle's garage address zip code as 32174 in Miami, Florida with the premium assessed at $1007.93. 32174 is a zip code assigned to Ormond Beach, Florida, and not Miami, Florida. In reality the insured motor vehicle's accurate garage address zip code is 33174 in Miami, Florida which would have resulted in a greater assessed premium of $2,012.00. You, MIGUEL ENRIQUE TURBAY, were aware of or should have been aware of these facts.
74 The false zip code and false premium amount listed on the application submitted by you, MIGUEL ENRIQUE TURBAY, were false and material misstatements of fact. The false and material misstatements were made for the sole purpose of evading the payment of the greater premium and obtaining a commission. You, MIGUEL ENRIQUE TURBAY, were
' aware of or should have been aware of these facts.
You, MIGUEL ENRIQUE TURBAY, have knowingly collected as a premium a sum less that the premium applicable to such motor vehicle insurance. As a result, the insurer was deprived of the difference between the false quoted premium and the greater premium, and has suffered a financial loss.
IT IS THEREFORE CHARGED that you, MIGUEL ENRIQUE TURBAY, have violated or are accountable under one or more of the following provisions of the Florida Statutes and/or the Florida Administrative Code, which constitutes sufficient grounds to suspend or revoke your license or appointment, or revoke your eligibility to hold a license or appointment: Sections 626.611(5); 626.611(7); 626.611(9); 626.621(2); 626.9541(1)(e)l; 626.9541(1)(k)l and Section
626.9541(1)(0)2, Florida Statutes, as more particularly alleged in Count I above.
COUNT XV
The above general allegations are hereby realleged and fully incorporated herein by reference.
On or about May 10, 2011, you, MIGUEL ENRIQUE TURBAY, did submit an application for motor vehicle insurance to Kingsway Amigo Insurance Company with Luis Enrique Lopez Ubeda as the listed applicant, and signed by you, MIGUEL ENRIQUE TURBAY, as the agent of record. The policy was issued.
The application falsely and fraudulently lists the motor vehicle's garage address zip code as 32004 in Miami, Florida, with the premium assessed at $685.80. 32004 is a zip code assigned to Ponta Vedra Beach, Florida (in Duval County), and not Miami, Florida. In reality the insured motor vehicle's accurate garage address zip code is 33010 in Miami, Florida, with a greater assessed premium of$1253.00. You, MIGUEL ENRIQUE TURBAY, were aware ofor should have been aware of these facts.
The false zip code and false premium amount listed on the application submitted by you, MIGUEL ENRIQUE TURBAY, were false and material misstatements of fact. The false and material misstatements were made for the sole purpose of evading the payment of the
greater premium and obtaining a commission. You, MIGUEL ENRIQUE TURBAY, were aware of or should have been aware of these facts.
You, MIGUEL ENRIQUE TURBAY, have knowingly collected as a premium a sum less that the premium applicable to such motor vehicle insurance. As a result, the insurer was deprived of the difference between the false quoted premium and the greater premium, and has suffered a financial loss.
IT IS THEREFORE CHARGED that you, MIGUEL ENRIQUE TURBAY, have violated or are accountable under one or more of the following provisions of the Florida Statutes and/or the Florida Administrative Code, which constitutes sufficient grounds to suspend or revoke your license or appointment, or revoke your eligibility to hold a license or appointment: Sections 626.611(5); 626.611(7); 626.611(9); 626.621(2); 626.9541(1)(e)l; 626.9541(1)(k)l and Section
626.9541(I)(o)2, Florida Statutes, as more particularly alleged in Count I above.
COUNT XVI
8I. The above general allegations are hereby realleged and fully incorporated herein by reference.
On or about May 6, 2011, you, MIGUEL ENRIQUE TURBAY, did submit an application for motor vehicle insurance to Kingsway Amigo Insurance Company with Mayra Mendoza as the listed applicant, and signed by you, MIGUEL ENRIQUE TURBAY, as the agent of record. The policy was issued.
The application falsely and fraudulently lists the motor vehicle's garage address zip code as 32773 in Miami, Florida, with the premium assessed at $1007.93. 32773 is a zip code assigned to Sanford, Florida, and not Miami, Florida. In reality the insured motor vehicle's accurate garage address zip code is 33126 in Miami, Florida, with a greater assessed premium of
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$2,082.00. You, MIGUEL ENRIQUE TURBAY, were aware of or should have been aware of these facts.
The false zip code and false premium amount listed on the application submitted
by you, MIGUEL ENRIQUE TURBAY, were false and material misstatements of fact. The false and material misstatements were made for the sole purpose of evading the payment of the greater premium and obtaining a commission. You, MIGUEL ENRIQUE TURBAY, were aware of or should have been aware of these facts.
You, MIGUEL ENRIQUE TURBAY, have knowingly collected as a premium a sum less that the premium applicable to such motor vehicle insurance. As a result, the insurer was deprived of the difference between the false quoted premium and the greater premium, and has suffered a financial loss.
IT IS THEREFORE CHARGED that you, MIGUEL ENRIQUE TURBAY, have violated or are accountable under one or more of the following provisions of the Florida Statutes and/or the Florida Administrative Code, which constitutes sufficient grounds to suspend or revoke your license or appointment, or revoke your eligibility to hold a license or appointment: Sections 626.611(5); 626.611(7); 626.611(9); 626.621(2); 626.954l(l)(e)l; 626.954l(l)(k)l and Section
626.9541(1)(o)2,, Florida Statutes as more particularly alleged in Count I above.
COUNT XVII
The above general allegations are hereby realleged and fully incorporated herein by reference.
On or about April 30, 2011, you, MIGUEL ENRIQUE TURBAY, did submit an
application for motor vehicle insurance to Kingsway Amigo Insurance Company with Nestor C.
Fernandez as the listed applicant, and signed by you, MIGUEL ENRIQUE TURBAY, as the agent of record. The policy was issued.
The application falsely and fraudulently lists the motor vehicle's garage address zip code as 32157 in Miami, Florida, with the premium assessed at $853.93. 32157 is a zip code assigned to Lake Como, Florida (in Putnam County), and not Miami, Florida. In reality the insured motor vehicle's accurate garage address zip code is 33156 in Miami, Florida, with a greater assessed premium of $2,116.00. You, MIGUEL ENRIQUE TURBAY, were aware of or should have been aware of these facts.
The false zip code and false premium amount listed on the application submitted by you, MIGUEL ENRIQUE TURBAY, were false and material misstatements of fact. The false and material misstatements were made for the sole purpose of evading the payment of the greater premium and obtaining a commission. You, MIGUEL ENRIQUE TURBAY, were aware of or should have been aware of these facts.
You, MIGUEL ENRIQUE TURBAY, have knowingly collected as a premium a sum less that the premium applicable to such motor vehicle insurance. As a result, the insurer was deprived the difference between the false quoted premium and the greater premium, and has suffered a financial loss.
IT IS THEREFORE CHARGED that you, MIGUEL ENRIQUE TURBAY, have violated or are accountable under one or more of the following provisions of the Florida Statutes and/or the Florida Administrative Code, which constitutes sufficient grounds to suspend or revoke your license or appointment, or revoke your eligibility to hold a license or appointment: Sections 626.611(5); 626.611(7); 626.611(9); 626.621(2); 626.9541(l)(e)l; 626.954l(l)(k)l and Section
626.9541(1)(o)2, Florida Statutes as more particularly alleged in Count I above.
COUNT XVIII
The above general allegations are hereby realleged and fully incorporated herein by reference.
On or about April 22, 2011, you, MIGUEL ENRIQUE TURBAY, did submit an application for motor vehicle insurance to Kingsway Amigo Insurance Company with Wilfredo Aguilar as the listed applicant, and signed by you, MIGUEL ENRIQUE TURBAY, as the agent of record. The policy was issued.
The application falsely and fraudulently lists the motor vehicle's garage address zip code as 32168 in Miami, Florida, with the premium assessed at $582.48. 32168 is a zip code assigned to New Smyrna Beach, Florida, and not Miami, Florida. In reality the insured motor vehicle's accurate garage address zip code is 33168 in Miami, Florida, with a greater assessed 'premium of$922.00. You, MIGUEL ENRIQUE TURBAY, were aware ofor should have been aware of these facts.
The false zip code and false premium amount listed on the application submitted by you, MIGUEL ENRIQUE TURBAY, were false and material misstatements of fact. The false and material misstatements were made for the sole purpose of evading the payment of the greater premium and obtaining a commission. You, MIGUEL ENRIQUE TURBAY, were aware of or should have been aware of these facts.
You, MIGUEL ENRIQUE TURBAY, have knowingly collected as a premium a sum less that the premium applicable to such motor vehicle insurance. As a result, the insurer was deprived of the difference between the false quoted premium and the greater premium, and has suffered a financial loss.
IT IS THEREFORE CHARGED that you, MIGUEL ENRIQUE TURBAY, have violated or are accountable under one or more of the following provisions of the Florida Statutes and/or the Florida Administrative Code, which constitutes sufficient grounds to suspend or revoke your license or appointment, or revoke your eligibility to hold a license or appointment: Sections 626.611(5); 626.611(7); 626.611(9); 626.621(2); 626.954l(l)(e)l; 626.9541(l)(k)l and Section
626.9541(1)(o)2, Florida Statutes as more particularly alleged in Count I above.
COUNT XIX
The above general allegations are hereby realleged and fully incorporated herein by reference.
On or about August 11, 2011, you, MIGUEL ENRIQUE TURBAY, did submit an application for motor vehicle insurance to Kingsway Amigo Insurance Company with Yurien Sendon Mendez as the listed applicant, and signed by you, MIGUEL ENRIQUE TURBAY, as the agent of record. The policy was issued.
The application falsely and fraudulently lists the motor vehicle's garage address zip code as 32013 in Miami, Florida, with the premium assessed at $545.00. 32013 is a zip code assigned to Day, Florida (in Lafayette County), and not Miami, Florida. In reality the insured motor vehicle's greater garage address zip code is 33013 in Miami, Florida, which would have resulted in a greater assessed premium of $1085. You, MIGUEL ENRIQUE TURBAY, were aware of or should have been aware of these facts.
The false zip code and false premium amount listed on the application submitted by you, MIGUEL ENRIQUE TURBAY, were false and material misstatements of fact. The false and material misstatements were made for the sole purpose of evading the payment of the
greater premium and obtaining a commission. You, MIGUEL ENRIQUE TURBAY, were aware of or should have been aware of these facts.
You, MIGUEL ENRIQUE TURBAY, have knowingly collected as a premium a sum less that the premium applicable to such motor vehicle insurance. As a result, the insurer was deprived of the difference between the false quoted premium and the greater premium, and has suffered a financial loss.
626.9541(I)(o)2, Florida Statutes as more particularly alleged in Count I above.
COUNT XX
The above general allegations are hereby real!eged and fully incorporated herein by reference.
On or about April 23, 2011, you, MIGUEL ENRIQUE TORBAY, did submit an application for motor vehicle insurance to Kingsway Amigo Insurance Company with Gregorio Sergio Martinez as the listed applicant, and signed by you, MIGUEL ENRIQUE TURBAY, as the agent of record. The policy was issued.
The application falsely and fraudulently lists the motor vehicle's garage address zip code as 32169 in Miami, Florida, with the premium assessed at $1,100. 32169 is a zip code assigned to New Smyrna Beach, Florida, and not Miami, Florida. In reality the insured motor vehicle's accurate garage address zip code is 33169 in Miami, Florida, which would have
resulted in a greater assessed premium of $1736.00. You, MIGUEL ENRIQUE TURBAY, were aware of or should have been aware of these facts.
The false zip code and false premium amount listed on the application submitted
by you, MIGUEL ENRIQUE TURBAY, were false and material misstatements of fact. The false and material misstatements were made for the sole purpose of evading the payment of the greater premium and obtaining a commission. You, MIGUEL ENRIQUE TURBAY, were aware of or should have been aware of these facts.
You, MIGUEL ENRIQUE TURBAY, have knowingly collected as a premium a sum less that the premium applicable to such motor vehicle insurance. As a result, the insurer was deprived of the difference between the false quoted premium and the greater premium, and has suffered a financial loss.
IT IS THEREFORE CHARGED that you, MIGUEL ENRIQUE TURBAY, have violated or are accountable under one or more of the following provisions of the Florida Statutes and/or the Florida Administrative Code, which constitutes sufficient grounds to suspend or revoke your license or appointment, or revoke your eligibility to hold a license or appointment: Sections 626.611(5); 626.611(7); 626.611(9); 626.621(2); 626.9541(1)(e)l; 626.954l(l)(k)l and Section
626.9541(1)(o)2, Florida Statutes as more particularly alleged in Count I above.
. WHEREFORE, you, MIGUEL ENRIQUE TURBA Y, are hereby notified that the Chief Financial Officer intends to enter an Order suspending or revoking your licenses, appointments and your eligibility for licensure as an insurance agent in this state or to impose such penalties as may be provided under the provisions of Sections 626.611, 626.621, 626.681, 626.691, 626.692, and 626.9521, Florida Statutes, and under the other referenced sections of the Florida Statutes as set out in this Administrative Complaint. You are further notified that the Department intends to
seek aggravation of all such penalties in accordance with the provisions of Rule 69B-231.160, Florida Administrative Code, and that any order entered in this case revoking or suspending any license or eligibility for licensure held by you shall also apply to all other licenses and eligibility held by you under the Florida Insurance Code.
NOTICE OF RIGHTS
You have the right to request a proceeding to contest this action by the Department pursuant to Sections 120.569 and· 120.57, Florida Statutes, and Rule 28-106, 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 Julie Jones, DFS Agency Clerk, at the Florida Department of Financial Services, 612 Larson Building, 200 East Gaines Street,
Tallahassee, Florida 32399-0390. 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.
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
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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 of requesting 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 of 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 free form 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
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the Department.
DATED and SIGNED this J'l day of_.0_l)_n_e 2012.
Director, Agent & Agency Services
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF PROCEEDING has been furnished to: MIGUEL ENRIQUE TURBAY, 204 SW 5J1h Avenue, Miami, FL 33144 via email@ KOMPARE@BELLSOUTH.NET thisfil_ ay of -=r1) \"i 6 , 2012.
/--l0y1<'H ff
James Bossart
\ Department of Financial Services Division of Legal Services
612 Larson Building 200 East Gaines Street
Tallahassee, Florida 32399-0333
(850) 413-4124
STATE OF FLORIDA
DEPARTMENT OF FINANCIAL SERVICES DIVISION OF LEGAL SERVICES
IN THE MATTER OF:
MIGUEL ENRIQUE TURBAY CASE NO.: 121979-12-AG
ELECTION OF PROCEEDING
I have received and have read the Notice of Temporary Suspension filed by the Florida Department of Financial Services
)
( 11Department11 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 Notice of Temporary Suspension 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 NOTICE OF TEMPORARY SUSPENSION. 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 NOTICE OF TEMPORARY SUSPENSION.
The address for filing is: Julie Jones, DFS Agency Clerk, Florida Department of Financial Services, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0390.
Signature
Date Administrative
Complaint Received:---------
Ifyou are represented by an attorney or qualified representative, please attach to this election form his or her name, address, telephone and fax numbers
Print Name
Address:
Phone No.: _
Fax.No.:
| Issue Date | Proceedings |
|---|---|
| Dec. 14, 2012 | Order Closing Files and Relinquishing Jurisdiction. CASE CLOSED. |
| Dec. 13, 2012 | Motion to Relinquish Jurisdiction filed. |
| Nov. 15, 2012 | Order Taking Official Recognition. |
| Nov. 02, 2012 | Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for December 21, 2012; 9:00 a.m.; Miami, FL). |
| Oct. 31, 2012 | Joint Motion for Continuance filed. |
| Oct. 30, 2012 | Department of Financial Services' Motion For Official Recognition filed. |
| Oct. 01, 2012 | Order of Pre-hearing Instructions. |
| Oct. 01, 2012 | Notice of Hearing by Video Teleconference (hearing set for November 9, 2012; 9:00 a.m.; Miami and Tallahassee, FL). |
| Oct. 01, 2012 | Order of Consolidation (DOAH Case Nos. 12-3068 and 12-3091PL). |
| Sep. 26, 2012 | Response to Initial Order filed. |
| Sep. 18, 2012 | Initial Order. |
| Sep. 18, 2012 | Agency referral filed. |
| Sep. 18, 2012 | Answer filed. |
| Sep. 18, 2012 | Administrative Complaint filed. |
