CHIEF FINANCIAL OFFIGER JIMMY PATRONIS STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF INSURANCE AGENT AND AGENCY SERVICES, Petitioner, CASE NO.: 202550-17-AG HOWARD ZIMMERMAN 250 Congress Park Drive, Apartment 209 Delray Beach, Florida 33445 HOWARD@MARKETPLACEADVISORS.COM Howard M. Zimmerman (“Respondent”), license # D067517, is hereby notified that 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 in this state, as a result of which it is alleged: GENERAL ALLEGATIONS. 1, Pursuant to chapter 626, Florida Statutes, Respondent is currently licensed in this state as a life including variable annuity agent; life including variable annuity and health agent; life and health agent; and as a health agent. 2, At ail times pertinent to the dates and occuriencés referred to herein, Respondent was licensed in this state as a life including variable annuity agent; life including variable annuity and health agent; life and health agent; and as a health agent. 3. Pursuant to chapter 626, Floride Statutes, the Florida Department of Financial Services (the “Department”) has jurisdiction over Respondent’s licenses and appointments. 4. At all times pertinent to the dates and occurrences referred to herein Respondent served as the owner and agent in charge of ZimZoom Insurance Agency (“ZimZoom”}. ZimZoom is an insurance agency licensed pursuant to the Florida Insurance Code, license frumber 1.093042. 5. The allegations contained in paragraphs one through three ate realleged and incorporated by.reference as if fully set forth herein. 6. On or about March 18, 2014, corisumer M. E. contacted ZimZoom, by and through Respondent, regarding purchasing a health insurance plan, that included dental and vision coverage. 7. M. E. wanted to purchase the health insurance through the Health Insurance Marketplace (“Marketplace”), established by the Affordable Care Act. 8. On or about March 18, 2014, Respondent submitted an application (“M: E. Application”) for insutance with Chesapeake Life Insurance Company (“Chesapeake”) on behalf of consumer M. E. 9, Respondent was listed as the pfoducing agent on the M. E. Application. 10. The-M. E. application indicated that M. E. was applying for the following insurance plans: Premiere Vision Plan VSP1, PPO Dental Plan, Protect Fit Plus Plan, CancerWise ECA1, Critical Iiness Direct CIIC, Critical Accident Direct CAIC, Accident Direct ACLC, and Accident Companion AGLC. ll. The Protect Fit Plus Plan, CancerWise ECA1, Critical Illness Direct CIIC, Critical Accident Direct CAIC, Accident Direct ACLC, and Accident Companion AGLC, were supplemental insurance plans. 12. Respondent added the coverages for Protect Fit Plus Plan, CancerWise ECA1, Critical Iness Direct CIIC, Critical Accident Direct CAIC, Accident Direct ACLC, and Accident Companion AGLC, without M.E.’s knowledge or consent. 13. The MLE. Application contains a document entitled Bank Authorization for Automatic Withdrawal which authorized Chesapeake to automatically debit M.E.’s bank account in the amount of $116.52 per month to pay the premium for the Premiere Vision Plan VSP1, PPO Dental Plan, Protect Fit Plus Pian, CancerWise ECA1, Critical IIness Direct CIIC, Critical Accident Direct CAIC, Accident Direct ACLC, and Accident Companion AGLC. 14. On or about March 21, 2014, Chesapeake issued the following policies based on the M. E. Application: Premiere Vision Plan VSP1, policy number 08315790910; ‘PPO Dental Plan, policy number 08355790910, Protect Fit Plus Plan, policy number 08525790910; CancerWise ECA1, policy number 08385790910; Critical Iliness Direct CHIC, policy number 08385790911; Critical Accident Direct CAIC, policy number 08515790910; Accident Direct ACLC, policy number 08575790910; and Accident Companion AGLC, policy number 08585790910 (the “M.E. policies”). 15. Between March, 2014 and April 2, 2015, M.E. paid approximately $1,253.24, in premium for the MLE. policies. IT IS THEREFORE CHARGED that Respondent has violated one or more of the following provisions of Florida Statutes,-which constitutes grounds for the suspension or revocation of his licenses and appointments: a) Section 626,621(2), Florida Statutes, which provides, in relevant part, that the Department in its discrétion may suspend or revoke the license of any insurance agént if its finds that the licensee violated 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. b) Section 626.621(6), Florida Statutes, which provides, in relevant part, that the Department in its discretion may suspend or revoke the license of any insurance agent if its finds that the licensee has engaged in unfair or deceptive acts or has otherwise shown himself to be a source of injury or loss to the public. c) Section 626.9521, Florida Statutes, which provides, in relevant part, that it is a violation to engage in ay trade practice which is detefmined to be an unfair or deceptive act or practice involving the business of insurance. d) Section 626.9541(1)(e)1.c., Florida Statutes, which provides, in relevant part, that it is an unfair method of competition or an unfair or deceptive act to knowingly deliver to any person any false material statement. , 16, The allegations contained in paragraphs one through three are tealleged and incorporated by reference as if fully set forth herein. 17. Consumer M. E., referenced in paragraphs five through thirteen supra, is the mother vee: of consumer G. L. 18. On or about March 18, 2014, consumer M. E. contacted ZimZcom, by and through Respondent, regarding purchasing a health insurance plan, that included dental and vision coverage, on behalf of her adult daughter, G. L. 19. On or about December 22, 2014, Respondent submitted an application (“G.L. Application”) with Chesapeake Life Insurance Company (“Chesapeake”) on behalf of consumer GL. 20, Respondent was Listed as the producing agent on the G.L Application. 21. TheG.L. Application indicated that G.L. was applying for the following insurance plans: Premiere Vision Plan VSP1, PPO Dental Plan, CancerWise ECA1, Critical [ness Ditect CIC, Critical Accident Direct CAIC, and Accident Companion AGLC. 22, Respondent added the coverages for CancerWise ECA1, Critical Iiness Direct. CIC, Critical Accident Direct CAIC, and Accident Companion AGLC, without G.L.’s knowledge or consent. 23. On or about December 24, 2014, Chesapeake issued the following policies based on the M. E. Application: Premiere Vision Plan VSP1, policy number 08315914982; PPO Dental Plan, policy number 08355914982; CancerWise ECA1, policy number 08385914982; Critical Illness Direct CIC, policy number 08385914985; Critical Accident Direct CAIC, policy number 08515914982; and Accident Companion AGLC, policy number 08585914982 (the “G.L. policies”). 24. Between December 24, 2014 and Match 1, 2015, G.L. paid approximately $221.00 in premium for the G. L. policies, IT IS THEREFORE CHARGED that Respondent has violated one or more of the following provisions of Florida Statutes, which constitutes grounds for the suspension or revocation of his licenses and appointments: a) Section 626.621(2), Florida Statutes, which provides, in relevant part, that the Department in its discretion may suspend or revoke the license of any insurance agent if its finds that the licensee violated 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, Section 626.621(6), Florida Statutes, which provides, in relevant part, that the Department in its discretion may suspend or revoke the license of any insurance agent if its finds that the licensee has engaged in unfair or deceptive acts or has otherwise shown himself to be a source of injury or loss to the public. b) Section 626.9521, Florida Statutes, which provides, in relevant part, that it is a violation to engage in any trade practice which is determined to be an unfair or deceptive act or practice involving the business of insurance. ¢) Section 626.9541(1)(e)l.c., Florida Statutes, which provides, in relevant part, that it is an unfair method of competition or an unfait or deceptive act to knowingly delivef to any person any false material statement. 25. On or about December 12, 2014, consumer N.W. contacted ZimZoom, ‘by and through Respondent, regarding purchasing a health insurance plan. 26. On or about December 12, 2014, Respondent submitted an application (“N.W. Application”) for insurance with Chesapeake Life Insurance Company (“Chesapeake”) on behalf of consumer N.W, 27. Respondent was listed as the producing agent on the N.W. Application. 28. The N.W. application indicated that N.W. was applying for the following supplemental insurance plans: Protect Fit Plus Plan, Critical Ilness Direct CIC, Critical Accident Direct CAIC, Accident Direct ACLC, and Accident Companion AGLC (“"N. W. Supplemental Plans”). 29. Respondent added the coverage for the N. W. Supplemental Plans without N. W.’s knowledge or consent. 30. The N.W. Application contains a document entitled Bank Authorization for Automatic Withdrawal, which authorized Chesapeake to automatically debit N.W.’s bank account in the amount of $175.61 per month to pay the premium for all plans issued thtough Chesapeake. 31. On or about December 17, 2014, Chesapeake issued the following supplemental policies based on the N; W. Application: policy number 08385903827; Critical Iliness Direct CIC, policy number 308515903827; Critical Accident, policy number 08525903827; Accident Supplement, policy number 08575903827; Accident Lump Sum, and policy number 08589503827, Accidental Injury. IT IS THEREFORE CHARGED that Respondent has violated one or more of the following provisions of Florida Statutes, which constitutes grounds for the suspension or revocation of his licenses and appointments: a) Section 626.621(2), Florida Statutes, which provides, in relevant part, that the Department in its discretion may suspend or reyoke the license of any insurance agent if its finds that the licensee violated 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. bd) Section 626.621(6), Florida Statutes, which ‘provides, in relevant part, that the Department in its discretion may suspend or revoke the license of any insurance agent if its finds that the licensee has engaged in unfair or deceptive acts or has otherwise shown himself to be a source of injury or loss to the public. c) Section 626.9521, Florida Statutes, which provides, in relevant part, that it is a violation to engage in any trade practice which is determined to be an unfair or deceptive act or’ practice involving the business of insurance. d) Section 626.9541(1}(e)1.c., Florida Statutes, which provides, in relevant part, that it is an unfair'method of competition or an unfait ot deceptive act to knowingly deliver to any person any: false material statement. WHEREFORE, Howard Zimmerman, is hereby notified that the Chief Financial Officer intends to enter an Order suspending or revoking his license and appointment as a life including variable annuity agent; life including variable annuity and health agent; life and health agent; and as a health agent or to impose such penalties as fnay be provided under the provisions of section 626.611, Florida Statutes, and Rules 69B-231.080 and 69B-231.150, Florida Administrative Cade, and under the other referenced sections of the Florida Statutes as set out in this Administrative Complaint. Gregory Thomas ©) Director, Agent & Agency Séfvices 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 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, DFS Agency Clerk, at the Florida Department of Financial Services, 612 Larson Building, 200 East Gaines Street, Taliahassee, Florida 32399-0390. Your written response must be received by the Department ho 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 THAT 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 WILL BE ENTERED AGAINST YOU. If you ftequest a proceeding, you must provide information that complies with the requirements of Rule 28-106.2015, Florida Administrative Code. Specificaily, your response must contain: (a) The name, address, telephone number, and facsimile number (if any) of the respondent (for the purpose of requesting 2 hearing in this matter, you are the "respondent"). (b} The name, addtess, telephone number, and facsimile number of the attomey 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 thefe are none, the petition must so indicate. (d) A statement of whe the respondent received notice of the administrative complaint. () Astatement 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- exatine witnesses, and to compel the attendance of witnesses and the production of documents by subpoena. © Ifa proceeding is requested and there is no dispute of material fact, the provisions of section 120.57(2), Florida Statutes, apply. In this regard, you may submit oral or written evidence in opposition to the action taken by the Department or a written statement challenging the grounds upon which the Department has relied. While a hearing is normally not required in the absence of a dispute of fact, if you feel that a hearing is necessary, one will be conducted in Tallahassee, Florida, or by telephonic conference call upon your request. However, if you dispute material facts which are the basis for the Department’s action, you must request an adversarial proceeding pursuant to sections 120.569 and 120.57(1), Florida Statutes. These proceedings are held before 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. 10 Failure to follow the procedure outlined with regard to your fesponse 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. 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. 11 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: Howard M. Zimmerman, at ’ Géitified Mail on this Congress Park Drive, Apartment 209, Delray Beach, Florida 33445 b day of February, 2019., 12 Senior Attorney Department of Financial Services Office of the General Counsel 612 Larson Building 200 East Gaines Street Tallahassee, Florida 32399-0333 (850) 413-4140 Marshawn. griffin@myfloridacfo.com STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF LEGAL SERVICES DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF INSURANCE AGENT AND AGENCY SERVICES, Petitiones, Case No.: 202550-17-AG ¥. HOWARD M. ZIMMERMAN, BLECTION OF PROCEEDING J have received‘and have read the Administrative Complaint filed by the Florida Department of Financial Sérvices ("Department") against me, inchiding the Notice of Rights contained therein, and I understand miy options. I am requesting disposition of this matter as indicated below. (CHOOSE ONE) 1. ia I do not dispute any of the Department's factual allegations and I do not desire a heating. | 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, incliding suspending ar revoking mry licenses and apipoiritmenits as may be appropriate. 2 J go not dispute any of the Department's factual allegations and ] hereby cloct a procesding to be conducted in accordance with section 120.57(2), Florida Statutes. Jn this regard, ] désire to (CHOOSE ONE): ie) Submit a written statement and documentary evidence in licit of a hearing; or * {] Personally attchd a hearing conducted by a departmant hearing officer in Tallahassee; or t] Attend that same hearing by «way'of a télephosie conference call. 3. {1 1 dg digpute one or more of the Department's factual allegations. ! hereby request a hearing pursuant to section 120.57(1), Florida Statutes, to be held before the Division of Administrative Hearings. I have attached ta this election form the i ion féquired by Rule 28-106.2045, Florida Administrative Code, as specified in subparagraph (c) of the Notice of Rights. Specifically, | 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, YED-BY THE DEPARTMENT NO LATER THAN 5:00 P.M. ON THE TWENTY-FIRST DAY AFTER YOUR RECEIPT OF THE ADMINISTRATIVE COMPLAINT. Tlie addieés for filing is: Julie Jones, DFS Agerioy Clerk, Florida Department of Financial Services, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0390. Daté Adininistrative Complaint Received oui. commoner If you are represented by an attorney or qualified Jeptesentative, pigese attach to this election form his or her'name, address, telephone and fax numbers 13

Docket for Case No: 19-001836PL