C) C) FILED ae OCT 19 2015 CHIEF FINANCIAL OFFICER = JEFF ATWATER Docketed by CCL STATE OF FLORIDA IN THE MATTER OF: CAROLINE LOOR EHRENTHAL CASE NO: 171772-15-AG / ADMINISTRATIVE COMPLAINT TO: Caroline Loor Ehrenthal 3275 W. Hillsboro Blvd., Ste. 309 Deerfield Beach, Florida 33442 Caroline Loor Ehrenthal is hereby notified that the Chief Financial Officer of the State of Florida (the “Department”) has caused to be made an investigation of her activities while licensed as an insurance agent in this state, as a result of which it is alleged: GENERAL ALLEGATIONS 1. Pursuant to chapter 626, Florida Statutes, Caroline Loor Ehrenthal is currently licensed in this state as a life and variable annuity and health insurance agent, life and variable annuity agent, and general lines insurance agent. 2. At all times pertinent to the dates and occurrence referred to herein, Caroline Loor Ehrenthal was licensed in this state as an insurance agent pursuant to chapter 626, Florida Statutes. 3. Pursuant to chapter 626, Florida Statutes, the Department has jurisdiction over Caroline Loor Ehrenthal’s insurance licenses and appointments. C) C) COUNT I 4. The above General Allegations numbered one through three are hereby realleged and fully incorporated herein by reference. 5. At all times pertinent to the dates and occurrences referred to herein, Caroline Loor Ehrenthal was an officer and director of East Coast Health Insurance, Inc., a Florida corporation (hereinafter “ECHI”). 6. On or about May 15, 2013, ECHI and Caroline Loor Ehrethal, or someone under her direct supervision and control, did prepare and disseminate advertisements via an internet web site that represented ECHI to be a licensed and appointed representative of BlueCross BlueShield of Florida, a health insurance company, in this state. 7. Caroline Loor Ehrenthal and ECHI, in the advertisement, represented ECHI to be an appointed agent of BlueCross Blue Shield of Florida. Neither Caroline Loor Ehrenthal nor ECHI, Inc., at any time time pertinent to the dates and occurrences alleged in this Administrative Complaint, was an agent, insurance or otherwise, of BlueCross BlueShield of Florida or appointed as such in this state. Caroline Loor Ehrenthal was aware of this fact. 8. At no time pertinent to the dates and occurrences referred to in this administrative complaint was this advertisement ever approved by BlueCross BlueShield of Florida and at no time was Caroline Loor Ehrenthal personally or the corporation ever authorized by BlueCross BlueShield of Florida to disseminate it. IT IS THEREFORE CHARGED that Caroline Loor Ehrenthal has violated or is accountable under the following provisions of the Florida Insurance Code and the Florida Administrative Code which constitutes grounds for the suspension or revocation of her license and eligibility for licensure as an insurance agent: C) C) (a) Section 626.61 10), Florida Statutes, which provides that it is a violation to demonstrate a lack of fitness or trustworthiness to engage in the business of insurance. (b) Section 626.611(13), Florida Statutes, which provides that it is a violation to willfully fail to comply with any order or rule of the department or any provision of the Florida Insurance Code. (c) Section 626.621(2), Florida Statutes, which provides that it is a violation to violate any provision of the Florida Insurance Code or of any other law applicable to the business of insurance in the course of dealing under the license or appointment. (d) Section 626.621(3), Florida Statutes, which provides that it is a violation to fail to comply with any order or rule of the Department or any provision of the Florida Insurance Code. (e) Section 626.621(6), Florida Statutes, which provides that it is a violation, in the conduct of business under the license or appointment, to engage in unfair or deceptive acts or practices, as prohibited under part XI of chapter 626, Florida Statutes. (f) Section 626.9541(1)(a) 1, Florida Statutes, which provides that it is a violation to knowingly make, issue, circulate, or cause to be made, issued, or circulated, any estimate, illustration, circular, statement, sales presentation, omission, or comparison, which misrepresents the benefits, advantages, conditions, or terms of any insurance policy. (g) Section 626.9541(1)(b), Florida Statutes, which provides that it is an unfair method of competition and an unfair or deceptive act or practice, violative of section 626.9521, Florida Statutes, to knowingly make, publish, disseminate, circulate, or place before the public, or cause, directly or indirectly, to be made, publish, disseminate, circulate, or place before the public: in a newspaper, magazine, or other publication, in the form of a notice, circular, pamphlet, letter, or poster, over the radio or television station, or in any other way, an C) C) \ advertisement, announcement, or statement containing any assertion, representation, or statement with respect to the business of insurance, which is untrue, deceptive or misleading. (h) = Rule 69B-150.114(10), Florida Administrative Code, which provides that all advertisements used by agents must have prior approval of the insurer. WHEREFORE, Caroline Loor Ehrenthal is hereby notified that the Chief Financial Officer of the State of Florida, intends to enter an Order suspending or revoking her licenses and appointments as an insurance agent or to impose such penalties as may be provided under the provisions of sections 626.611, 626.621, 626.681, 626.691, 626.692, and 626.9521, Florida Statutes, and under the other referenced sections of the Florida Statutes as set out in this Administrative Complaint. Caroline Loor Ehrenthal is further notified that any order entered in this case revoking or suspending any license or eligibility for licensure held by her shall also apply to all other licenses and eligibility held by her under the Florida Insurance Code. th DATED this | | day of Octeber , 2015. Res. No Gregory Thomas Director, Agent & Agency Services NOTICE OF RIGHTS You have the right to request a proceeding to contest this action by the Department of Financial Services ("the Department") pursuant to sections 120.569 and 120.57, Florida Statutes, and chapter 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 a petition for administrative hearing are required. The request must be filed with Julie Jones, 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. FAILURE TO ENSURE YOUR WRITTEN RESPONSE IS RECEIVED BY THE DEPARTMENT 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 A FINAL ORDER OF SUSPENSION OR REVOCATION SHALL BE ENTERED AGAINST YOU. If you request a proceeding, you must provide information that complies with the requirements of Rule 28-106.2015, Florida Administrative Code. Specifically, your response must contain: (a) The name, address, telephone number, and facsimile number (if any) of the respondent (for the purpose of requesting a hearing in this matter, you are the "respondent"). (b) The name, address, telephone number, facsimile number of the attorney or qualified representative of the respondent (if any) upon whom service of pleadings and other papers shall be made. (c) A statement requesting an administrative hearing identifying those material facts that are in dispute. If there are none, the petition must so indicate. C) C) (d) A statement of when the respondent received notice of the administrative complaint. (ec) 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 an administrative law judge of the State of Florida 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 before the date of this notice shall be deemed abandoned unless timely renewed in compliance with the guidelines as set out above. i (— () C) Mediation of this matter pursuant to section 120.573, Florida Statutes, is not available. No Department attorney will discuss this matter with you during the time frame in which you have to request a hearing. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF PROCEEDING has been furnished by Certified Mail on Respondent, Caroline Loor Ehrenthal, located at 3275 W. Hillsboro Blvd., Ste. 309, Deerfield Beach, Florida 33442 on this_] 4%” day of Ccsober, 2015. AMES A, BOSSART, ESQU. ivision of Legal Services 612 Larson Building Tallahassee, Florida 32399-0333 (850) 413-4124 AL 7199 4991 7032 71b6 1175 ah 71549 9991 7032 71b8 cbs 41 7144 4991 7032 71b8 cle

Docket for Case No: 15-006770PL