FILED MAY 04 2017 Docketed by CHIEF FINANCIAL OFFICER JEFF ATWATER STATE OF FLORIDA IN THE MATTER OF: CASE NO.: 176985-16-AG JARED ALAN WEISSMAN / ADMINISTRATIVE COMPLAINT TO: Jared Alan Weissman 8690 Bridle Path Court Davie, FL 33328-2815 Insurancequote005@gmail.com Jared Alan Weissman is hereby notified that pursuant to chapter 626, Florida Statutes, the Chief Financial Officer of the State of Florida has caused to be made an investigation of his activities while licensed as an insurance agent and agency in this state, as a result of which it is alleged: GENERAL ALLEGATIONS 1. Jared Alan Weissman is currently licensed by the Florida Department of Financial Services (“the Department”) in the state as a life including variable annuity and health agent (2- 15) and as a general lines agent (2-20). 2. Atail times pertinent to the dates and occurrences referred to in this Administrative Complaint, Jared Alan Weissman was licensed as an insurance agent in this state. 3. Jared Alan Weissman is an officer and director of JS Coverage Group LLC (“JSCG”). Its business address is 9000 Sheridan Street, Suite 136, Pembroke Pines, FL 33024. JSCG is not a Florida licensed insurance agency. 4. Jared Alan Weissman has been appointed as agent for various insurance companies, including Mutual of Omaha (“MO”) and Colorado Bankers Life Insurance Company (“Bankers”). 5. Pursuant to chapter 626, Florida Statutes, the Chief Financial Officer of the State of Florida and the Department of Financial Services has jurisdiction over Jared Alan Weissman’s insurance licenses and his eligibility for licensure and appointment. 6. The Code of Ethics for Life Underwriters includes Rule 69B-215.210, Florida Administrative Code, which declares the business of life insurance to be a public trust, in which all agents of all companies have a common obligation to work together in serving the best interests of the insuring public, by understanding and observing the laws governing Life Insurance by presenting accurately and completely every fact essential to a client’s decision, and by being fair in all relations with colleagues and competitors, always placing the policyholder’s interests first. 7. The insurance consumers described below trusted Jared Alan Weissman and he abused their trust. | 8. Section 626.951(1), Florida Statutes, declares that the conduct and actions described in sections 626.9521 and 626.9541, Florida Statutes, constitute unfair and deceptive acts or practices as defined in the Unfair Insurance Trade Practices Act. . 9. On October 15, 2014, Melissa Holm, a representative of MO, filed a complaint with the Department’s Division of Insurance Fraud (now the Division of Investigative and Forensic | Services) alleging that Jared Alan Weissman’s MO appointment was terminated for sliding clients into unwanted life and accidental death insurance policies by, in some instances forging their signatures, and that the consumer complaints listed in the counts below are merely examples of Jared Alan Weissman’s settled practice. 10. MO provided the Department with a listing of Jared Alan Weissman’s book of business in Florida and Department staff contacted consumers from that list. COUNT I (Alstyne) 11. The above allegations are hereby realleged and fully incorporated herein by reference. 12. Gloria Blue-Van Alstyne, a consumer on the MO list, complained to the Department on July 7, 2014, as to her dealings with Jared Alan Weissman. 13. Ms. Alstyne sought to purchase a health insurance policy from Jared Alan Weissman — on or about May 23, 2014. . | 14. Jared Alan Weissman’s quote for the health insurance policy included premium for a Bankers life insurance policy, which Ms. Alstyne never requested. Jared Alan Weissman completed and submitted a Bankers’ insurance application on Ms. Alstyne’s life showing an electronic signature over Ms. Alstyne’s name without her having knowledge of, or giving her consent to, the signature. . 15. Contrary to statements submitted by Jared Alan Weissman on the Bankers’ insurance application, neither Ms. Alstyne nor her husband ever met with Jared Alan Weissman and she had an existing life insurance policy in place with State Farm. She never applied for life insurance through Jared Alan Weissman. 16. Jarad Alan Weissman falsely informed Ms. Alstyne that she could not obtain health insurance without purchasing life insurance. tis therefore charged that Jared Alan Weissman 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 his insurance licenses in the state: (a) Section 626.611( De), Florida Statutes, which provides it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to, either in person or by any form of dissemination of information or advertising, to willfully misrepresent any insurance policy or annuity contract or willfully deceive with regard to any such policy or contract. (b) Section 626.611(1)(g), Florida Statutes, which provides it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to demonstrate a lack of fitness or trustworthiness to engage in the business of insurance. (c) Section 626.611(1)(h), Florida Statutes, which provides it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to demonstrate a lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment. (d) Section 626.611(1)(i), Florida Statutes, which provides it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to exhibit fraudulent or dishonest practices in the conduct of business under the license or appointment. (e) Section 626.611(1)(m), Florida Statutes, which provides it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to willfully fail to comply with, or willfully violate, any proper order or rule of the department, including Rule 69B-215.210, Florida Administrative Code, as described above, or willfully violate of any provision of the Florida Insurance Code. (f) Section 626.621(2), Florida Statutes, which provides it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent, in the conduct of business under the license or appointment, to violate any provision of the Florida Insurance Code or any other law applicable to the business of insurance in the course of dealing under the license or appointment. (g) Section 626.621(6), Florida Statutes, which provides it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent, in the conduct of business under the license or appointment, to engage in unfair methods of competition or unfair or deceptive acts or practices, as prohibited by part IX of chapter 626, or having otherwise shown himself or herself to be a source of injury or loss to the public. (bh) Section 626.621(9), Florida Statutes, which provides it is a violation for any life insurance agent in the conduct of business under the license or appointment to violate the code of ethics. (i) Section 626.9521(1), Florida Statutes, which provides that no person shall engage in this state in any trade practice which is defined in this part as, or determined pursuant to section 626.951 or section 626.9561 to be, an unfair method of competition or an unfair or deceptive act or practice involving the business of insurance. G) Section 626.9541(1)(k)1, Florida Statutes, which provides it is a violation to knowingly make 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. (k) Section 626.9541(1)(z), Florida Statutes, which provides it is a violation for an agent to engage in sliding either by, od. representing to an applicant that a specific ancillary coverage or product is required by law in conjunction with the purchase of insurance when such coverage or product is not required; or 2. representing to the applicant that a specific ancillary coverage or product is included in the policy applied for without an additional charge when such charge is required; or ; 3. charging an applicant for a specific ancillary coverage or product, in addition to the cost of the insurance coverage applied for, without the informed consent of the applicant. (1) Section 626.9541(1)(ce), Florida Statutes, which provides it is a violation to willfully submit to an insurer on behalf of a consumer an insurance application or policy-related document bearing a false or fraudulent signature. COUNT II (Byrne) 17. The above allegations are hereby realleged and fully incorporated herein by reference. 18. On or about June 15, 2014, Thomas Byrne filled out an application for health insurance on the www.healthcare.gov website. Within minutes Mr. Byrne received a phone call from Jared Alan Weissman who identified himself as an authorized agent. 19. After Mr. Byrne provided some necessary information, Jared Alan Weissman quoted him a monthly premium of $102.85 for health insurance provided pursuant to the Affordable Health Care Act by Humana. Jarad Alan Weissman advised Mr. Byrne that the Humana monthly premium charge was only $27.42, but in order to receive that rate it would be necessary for Mr. Byrne to purchase a life insurance policy from MO for a monthly premium of $75.43. 20. Mr. Byrne advised Jared Alan Weissman that he did not need any life insurance. Jared Alan Weissman told Mr. Byrne that without the life insurance purchase, the Humana monthly premium would be $131.00. Mr. Byrne agreed to the purchase on condition that nothing be deducted from his checking account until July 1, 2014, as he needed to receive his social security check in order to cover the premium. Jared Alan Weissman assured Mr. Byrne that there would be no deduction until after July 1, 2014. 21. On June 17, 2014, MO deducted the first month’s life insurance premium. When Mr. Byrne then called MO and complained about the draft to his account, he was advised that MO knew nothing about a requirement having to combine life insurance with Affordable Health Care Act coverage. 22. MO cancelled the life insurance policy and refunded Mr. Byrne’s premium payment. 23. Jared Alan Weissman acted willfully in assuring Mr. Byrne that he needed to purchase the MO policy in order to obtain health insurance coverage. It is therefore charged that Jared Alan Weissman 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 his insurance licenses in the state: a. Section 626.611(1)(e), Florida Statutes, which provides it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to, either in person or by any form of dissemination of information or advertising, to willfully misrepresent any insurance policy or annuity contract or willfully deceive with regard to any such policy or contract. b. Section 626.611(1)(g), Florida Statutes, which provides it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to demonstrate a lack of fitness or trustworthiness to engage in the business of : insurance. c. Section 626.611(1)(h), Florida Statutes, which provides it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to demonstrate a lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment. d. _- Section 626.611(1)(), Florida Statutes, which provides it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to exhibit fraudulent or dishonest practices in the conduct of business under the license or appointment. e. Section 626.611 (1)(m), Florida Statutes, which provides it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to willfully fail to comply with, or willfully violate, any proper order or rule of the department, including Rule 69B-215.210, Florida Administrative Code, as described above, or willfully violate of any provision of the Florida Insurance Code. f. Section 626.621(2), Florida Statutes, which provides it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent, in the conduct of business under the license or appointment, to violate any provision of the Florida Insurance Code or any other law applicable to the business of insurance in the course of dealing under the license or appointment. g. Section 626.621(6), Florida Statutes, which provides it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent, in the conduct of business under the license or appointment, to engage in unfair methods of competition or unfair or deceptive acts or practices, as prohibited by part IX of chapter 626, or having otherwise shown himself or herself to be a source of injury or loss to the public. h. Section 626.621(9), Florida Statutes, which provides it is a violation for any life insurance agent in the conduct of business under the license or appointment to violate the code of ethics. ) i. Section 626.9521(1), Florida Statutes, which provides that no person shall engage in this state in any trade practice which is defined in this part as, or determined pursuant to section 626.951 or section 626.9561 to be, an unfair method of competition or an unfair or deceptive act or practice involving the business of insurance. j. Section 626.9541(1)(K)1, Florida Statutes, which provides it is a violation to knowingly make 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. k. Section 626.9541(1)(z), Florida Statutes, which provides it is a violation for an agent to engage in sliding either by, 1. representing to an applicant that a specific ancillary coverage or product is required by law in conjunction with the purchase of insurance when such coverage or product is not required; or : 2. representing to the applicant that a specific ancillary coverage or product is included in the policy applied for without an additional charge when such charge is required; " 3. charging an applicant for a specific ancillary coverage or product, in addition to the cost of the insurance coverage applied for, without the informed consent of the applicant. COUNT Ill (Azuero 24. The above allegations are hereby realleged and fully incorporated herein by reference. 25. During September 2014, William Velez Azuero contacted Blue Cross/Blue Shield in order to purchase health insurance. Mr. Azuero was referred to Jared Alan Weissman. 9 26. Mr. Azuero telephoned Jared Alan Weissman who provided him with a quote for health insurance that included, according to Jared Alan Weissman, a life insurance policy as part of the health insurance policy. 27, Mr. Azuero authorized monthly premium drafts on his bank account. 28. Mr. Azuero made several such monthly payments, but discovered from a conversation with MO representatives that the life insurance policy was not part of, nor dependent upon, his health insurance policy. 29. At Mr. Azuero’s request, MO cancelled the life insurance policy and refunded ail of monthly premium payments. 30. Jared Alan Weissman acted willfully in assuring Mr. Azuero that life insurance coverage was imbedded in the health insurance coverage he purchased. Jared Alan Weissman did so for the purpose of obtaining a commission. It is therefore charged that Jared Alan Weissman 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 his insurance licenses in the state: a. Section 626.611(1)(e), Florida Statutes, which provides it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to, either in person or by any form of dissemination of information or advertising, to willfully misrepresent any insurance policy or annuity contract or willfully deceive with regard to any such policy or contract. b. Section 626.611(1)(g), Florida Statutes, which provides it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing 10 general agent to demonstrate a lack of fitness or trustworthiness to engage in the business of insurance. c. Section 626.611(1)(h), Florida Statutes, which provides it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to demonstrate a lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment. d. Section 626.61 ie 1)@, Florida Statutes, which provides it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to exhibit fraudulent or dishonest practices in the conduct of business under the license or appointment. e. Section 626.611(1)(m), Florida Statutes, which provides it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to willfully fail to comply with, or willfully violate, any proper order or rule of the department, including Rule 69B-215.210, Florida Administrative Code, as described above, or willfully violate of any provision of the Florida Insurance Code. f. Section 626.621(2), Florida Statutes, which provides it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent, in the conduct of business under the license or appointment, to violate any provision of the Florida Insurance Code or any other law applicable to the business of insurance in the course of dealing under the license or appointment. g. Section 626.621(6), Florida Statutes, which provides it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent, in the conduct of business under the license or appointment, to engage in unfair ll methods of competition or unfair or deceptive acts or practices, as prohibited by part IX of chapter 646, or having otherwise shown himself or herself to be a source of injury or loss to the public. h. Section 626.621(9), Florida Statutes, which provides it is a violation for any life insurance agent in the conduct of business under the license or appointment to violate the code of ethics. | i, Section 626.9521(1), Florida Statutes, which provides that no person shall engage in this state in any trade practice which is defined in this part as, or determined pursuant to section 626.951 or section 626.9561 to be, an unfair method of competition or an unfair or deceptive act or practice involving the business of insurance. j. Section 626.9541(1)(k)1, Florida Statutes, which provides it is a violation to knowingly make 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. k. Section 626.9541(1)(z), Florida Statutes, which provides it is a violation for an agent to engage in sliding either by, 1. representing to an applicant that a specific ancillary coverage or product is required by Jaw in conjunction with the purchase of insurance when such coverage or product is not required; or 2. representing to the applicant that a specific ancillary coverage or product is included in the policy applied for without an additional charge when such charge is required; or 3. charging an applicant for a specific ancillary coverage or product, in addition to the cost of the insurance coverage applied for, without the informed consent of the applicant. 12 Wherefore, Jared Alan Weissman is hereby notified that the Chief Financial Officer intends to enter an Order suspending or revoking his licenses, appointments and 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. Jared Alan Weissman is 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 him shall also apply to all other licenses and eligibility held by him under the Florida Insurance Code. DATED and SIGNED this_ #4 day of Mor Y , 2017. Greg Thomas, Director Division of Insurance Agent and Agency Services NOTICE OF RIGHTS You have the right to request a proceeding to contest this action by the Department of Financial Services ("Department") pursuant to sections 120.569 and 120.57, Florida Statutes, and Rule 28-106, Florida Administrative Code. The proceeding request must be in writing, signed by you, and must be filed with the Department within twenty-one (21) days of your receipt of this notice. Completion of the attached Election of Proceeding form and 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 13 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 B 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 WILL BE ENTERED AGAINST YOU. If you request a proceeding, you must provide information that complies with the requirements of Rule 28-106.2015, Fi lorida Administrative Code. Specifically, your response must contain: (a) The name, address, and telephone number, and facsimile number (if any) of the respondent (for the purpose of requesting a hearing in this matter, you are the "respondent"). (b) ~ The name, address, telephone number, facsimile number of the attorney or qualified representative of the respondent (if any) upon whom service of pleadings and other papers shall be made. (c) A statement requesting an administrative hearing identifying those material facts that are in dispute. If there are none, the petition must so indicate. (d) A statement of when the respondent received notice of the administrative complaint. (e) A statement including the file number to the administrative complaint. If a hearing of any type is requested, you have the 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 14 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 J udge 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 during the time frame in which you have to request a hearing. 15 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Administrative Complaint has been furnished by Certified Mail to Jared Alan Weissman, 8690 Bridle Path Court, Davie, FL 33328-2815 and by e-mail to JARED ALAN WEISSMAN at jh insurancequote005@gmail.com on this Y day of Mo. ¥ , 2017. David J. Busch Office of the General Counsel 200 E. Gaines Street 612 Larson Building Tallahassee, FL 32399-0333 Tel.: (850) 413-4146 Fax: (850) 487-4907 david. busch@myfloridacfo.com Fla. Bar No.: 140945 Attorney for the Department 16

Docket for Case No: 17-003486PL