New York State
Insurance Department
ISSUED: 6/21/00 |
FOR IMMEDIATE RELEASE |
DEPARTMENT TAKES DISCIPLINARY ACTIONS AGAINST
COMPANIES, AGENTS, BROKERS & ADJUSTERS
The New York State Insurance Department has taken disciplinary action against the following licensees. Those categorized as stipulations have been agreed to by the licensee. Disciplinary action as a result of Department hearings are subject to judicial review and possible stay of enforcement.
The following tables show the Licensee in Column One, Address in Column Two, and the Penalty in Column Three. The bottom row of each table describes the circumstances.
COMPANY STIPULATIONS |
LICENSEE |
ADDRESS |
PENALTY |
| Amex Assurance Company | 1400 Lombardi Avenue |
$39,650 fine |
A market conduct examination revealed the company failed to pay or deny a claim within the required 30 calendar days of receipt of relevant information and/or proof of claim. In addition the company failed to properly compute overdue benefits interest rates; inspect vehicles and make good faith offers within the required time; provide detailed estimates in a timely fashion; properly evaluate total vehicle losses; and properly report losses to the National Insurance Crime Bureau. The company also failed to use inspection reports and vehicle photographs, as required in the settlement of unrecovered theft claims. |
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LICENSEE |
ADDRESS |
PENALTY |
Bankers American Life Assur. |
One Blue Hill Plaza |
$30,000 fine |
Company violated Insurance Law when it paid a cash dividend to its parent without notifying the Superintendent in writing of its intention to declare such dividend at least thirty days prior. Violated Regulations 34A by using advertisements, which stated the assets and other financial data of Respondents holding company system without separately stating the corresponding financial information of Bankers American Life Assurance and failed to maintain a complete file containing all of its advertisements. |
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LICENSEE |
ADDRESS |
PENALTY |
| First Fortis Life Insurance Co. | P.O. Box 3209 |
$10,000 fine |
Company violated Insurance Law by failing to pay for claims processing services received from an affiliate; failing to reimburse the same affiliate for printing and production services relating to certain advertisements; receiving claims processing services from another affiliate that were outside the scope of services described in its filed service agreement and failing to receive records from the affiliate in accordance with the filed service agreement. In addition, the company failed to maintain supporting documentation to substantiate statistical data used in advertisements and failed to properly maintain claims files. |
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LICENSEE |
ADDRESS |
PENALTY |
| Merchants Mutual Ins. Co. | 250 Main Street |
$4,775 fine |
A market conduct investigation conducted by the Department revealed several violations of the Insurance Law and Regulation 68 that require that payment or denial of a claim be made within 30 calendar days of receipt of relevant information and/or proof of claim. The company also failed to properly calculate interest on overdue no fault claims and send follow-up verification forms as mandated by 11NYCRR 65.15(e)(2). |
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LICENSEE |
ADDRESS |
PENALTY |
| Sentry Life Insurance Co. of NY | 251 Saline Meadows Parkway |
$10,000 fine |
Company violated Regulation 34 and Regulation 34A by failing to maintain a complete advertising file for the years 1995, 1996 and 1997. The company also failed to include key information in advertisements for three of its products and did not inform policyholders that they had a right to request an updated policy illustration. |
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LICENSEE |
ADDRESS |
PENALTY |
| Travelers Indemnity Co. of IL | One Tower Square |
$152,500 fine |
A market conduct underwriting and rating investigation revealed that the Company had not filed the rates for gap insurance and residual value insurance with the Superintendent of Insurance, had used a policy form that had not been filed with the Superintendent and issued residual value and gap insurance policies without a license to write such lines. |
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LICENSEE |
ADDRESS |
PENALTY |
| Travelers
Indemnity Company Travelers Indemnity Company of CT |
One Tower Square |
$2,500 fine |
Companies violated Regulation 57 in that they failed to establish adequate procedures to minimize the occurrence of improperly charged rates for public automobile livery policies. In addition, Travelers Indemnity Company of CT violated Section 1102 of the Insurance Law by failing to obtain the proper license prior to placing business in the Free Trade Zone. |
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AGENT & BROKER STIPULATIONS |
Region: Utica
LICENSEE |
ADDRESS |
PENALTY |
Petty & Petty, Inc. |
53 West Main Street |
$2,500 fine |
Issued 28 insurance identification cards without corresponding applications and failed to remit a premium payment to the insurer. Respondents have satisfactorily addressed both infractions. |
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Region: Rochester
LICENSEE |
ADDRESS |
PENALTY |
| David J. Eckert (Broker) t/b/a Eckert Insurance |
3685 St. Paul Blvd. |
$500 fine |
Solicited insurance business though a postal mailing wherein Eckert held himself to be the Bureau of Pesticide and Herbicide Compliance, an entity not known to or licensed by the Department. |
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Region: Mid-Hudson
LICENSEE |
ADDRESS |
PENALTY |
| Ivan Morales (Agent) |
HCR#1, Box 142 |
Licensed Revoked |
Altered documents and misrepresented policyholder information to Metropolitan Property and Casualty Insurance Company on eleven occasions and signed an auto insurance application and submitted it to Metropolitan without the insureds authorization. |
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LICENSEE |
ADDRESS |
PENALTY |
| Noel T. Slocum,
Inc. Noel T. Slocum (Sublicensee) |
14 Balfour Drive |
$500 fine |
Issued five insurance premium transmittal checks that were dishonored by the bank, but were subsequently replaced. |
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Region: Elmira
LICENSEE |
ADDRESS |
PENALTY |
| Sears G. LaRue
Agency, Inc. Allen N. Mohilewsky (Sublicensee) |
56 Schuyler Street |
$1,000 fine |
Issued three insurance premium transmittal checks that were dishonored by the bank but were subsequently replace. Commingled premium funds by paying operational expenses from their premium account. |
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Region: Nassau County
LICENSEE |
ADDRESS |
PENALTY |
| Jensen Insurance
Agency, Inc. & Chee S. Hong (Sublicensee) |
83-19 Broadway |
$2,000 fine |
Issued six insurance premium checks that were dishonored by the bank but were subsequently replaced. In addition, wrote insurance premium checks while the account was deficient or against uncollected funds and commingled premium funds by paying personal and operational expenses from their insurance premium accounts. |
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Region: Suffolk County
LICENSEE |
ADDRESS |
PENALTY |
| Frank W.
Chiappone (Sublicensee) Asset Coverage Inc. |
40 Underhill Blvd. |
$12,800 fine |
Submitted to Reliance National Indemnity Insurance Company altered and/or false documentation of proof of prior insurance for at least 64 insureds to obtained premium discounts. |
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LICENSEE |
ADDRESS |
PENALTY |
| Edward D. Bart (Agent) |
12 Matthew Street |
$2,500 fine |
Altered his life insurance agents license to indicate he was an accident and health agent. Mr. Bart subsequently satisfied the requirements of an accident and health agent and became duly licensed. |
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Region: Out of State
LICENSEE |
ADDRESS |
PENALTY |
| Harley-Davidson Ins. Agency | 4150 Technology Way |
$5,000 fine |
Admitted that on 32 occasions, it violated Insurance Law by giving its customers, who financed their purchases with Harley-Davidson Credit, discount in the loan rate. |
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LICENSEE |
ADDRESS |
PENALTY |
| George S.
Haselton (Agent) |
125 Longhill Road |
Licensed Revoked |
Solicited and accepted a life insurance application from an insured in New York State on behalf of Hartford Life and Annuity Company which is not licensed in New York State. |
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LICENSEE |
ADDRESS |
PENALTY |
| GPA Agency, Inc Patricia E. Schirra (Sublicensee) |
7 Parkway Center |
$5,000 fine |
Sold 10 insurance policies to New York State insureds prior to becoming licensed by this Department. |
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Region: New York City
LICENSEE |
ADDRESS |
PENALTY |
| Ehmil A.
Jean-Baptiste (Broker) |
147-09 88th Avenue |
$2,000 fine |
Issued eight checks that were dishonored by the bank but were replaced or redeposited. He also commingled funds, using his premium account to pay operating and personal expenses as well as premium payments. |
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LICENSEE |
ADDRESS |
PENALTY |
| Julio R. Barrios t/b/a Barrios Brokerage (Broker) |
3914 5th Avenue |
$1,000 fine |
Issued 16 insurance premium checks that were dishonored by the bank. All checks were subsequently replaced. |
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LICENSEE |
ADDRESS |
PENALTY |
| Emmons Brokerage,
Inc. & Eleonora Yelkin (Sublicensee) |
6 Neptune Avenue |
$500 fine |
Issued 42 premium checks that were dishonored by the bank but were subsequently replaced. |
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LICENSEE |
ADDRESS |
PENALTY |
| Four Wheels
Agency, Ltd. & Karin E. Gorga (Sublicensee) |
71-32A Main Street |
$1,000 fine |
Submitted an application to the New York Automobile Plan wherein the listed operator denied knowing the named insured. Upon inquiry, the Respondents were unable to produce documentation justifying the listing. |
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LICENSEE |
ADDRESS |
PENALTY |
| Interwest United
Ins. Brokerage, Inc. Daniella A. Kirfeld (Sublicensee) |
2896 West 8th Street |
$500 fine |
Issued nine premium checks that were dishonored by the bank but were subsequently replaced. |
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LICENSEE |
ADDRESS |
PENALTY |
| Lanco Brokerage
Corp. & Reina M. Perez (Sublicensee) |
497 Fort Washington Avenue |
$2,500 fine |
Collected 187 service fees without obtaining service fee agreements. After a Department inquiry, the Respondents obtained the necessary conforming agreements. |
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LICENSEE |
ADDRESS |
PENALTY |
| Jose M. Oliva (Broker) |
431 West 160th Street |
$750 fine |
Issued 20 insurance premium checks that were dishonored by the bank but were subsequently replaced. Commingled premium funds by paying a personal expense from his premium account. |
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LICENSEE |
ADDRESS |
PENALTY |
| Agnes L. Parris (Broker) |
748 East 40th Street |
$2,500 fine |
Ms. Parris, in her capacity as an employee and Sublicensee of Trin Brokerage, Inc. issued at least 43 premium checks that were dishonored by the bank but were subsequently replaced. |
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LICENSEE |
ADDRESS |
PENALTY |
| Ramirez Excellent
Services, Inc. & Sucre B. Ramirez (Sublicensee) |
545A Southern Blvd. |
$1,000 fine |
Issues 45 insurance premium checks that were dishonored by the bank but were subsequently replaced. |
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LICENSEE |
ADDRESS |
PENALTY |
| Melissa A. Rivera t/b/a Mar Brokerage (Broker) |
82-15 235th Street |
$1,000 fine |
Issued 78 insurance premium checks that were dishonored by the bank but were subsequently replaced. |
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LICENSEE |
ADDRESS |
PENALTY |
| Joyce Turner (Broker) |
1514 Fulton Street |
License Revoked |
On or about April 1997, a client applied for automobile insurance coverage with Ms. Turner and gave her a premium payment in the amount of $780. Ms Turner failed to submit the insurance application and payment to the proper insurance company. |
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HEARINGS |
Region: Suffolk County
LICENSEE |
ADDRESS |
PENALTY |
| Ronald W. Schmidt (Agent) |
72 Woodlot Road |
$2,000 fine |
Mr. Schmidt was decertified for one year as a producer with the New York Automobile Plan for transmitting two outstanding electronic mail messages without submitting the corresponding applications and premium deposits to the NYAIP; and for submitting two deficient applications. He failed to resolve said outstanding violations. During 1998, Mr. Schmidt collected various payments in premium monies from his clients, which he failed to remit to the appropriate insurer on time. As a result, his clients automobile insurance policy was cancelled. Mr. Schmidt failed to comply with the Department investigation and did not appear for his hearing. |
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LICENSEE |
ADDRESS |
PENALTY |
| ABL Insurance
Brokerage, Inc. Anthony F. LaForte (Sublicensee) |
2343 Hyland Blvd. |
License Revoked |
On two separate occasions respondents failed to remit premium payments received from a premium finance agency to the insurer and coverted the funds to their own use. Respondents failed to comply with the Department investigation and did not appear at the Department hearing. |
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LICENSEE |
ADDRESS |
PENALTY |
| Edwin Velez t/b/a Edwin Brokerage (Broker) |
97-02 105th Street |
$500 fine |
During November 1995 through February 1999, Mr. Velez issued twenty-two premium payment checks, which were dishonored by the bank. Nineteen checks remain unreplaced and due. In March 1997, Mr. Velez admitted, in a Department stipulation, that between November 1995 and April 1996, he issued four premium checks dishonored by the bank for which he paid a $400 fine. Mr. Velez issued 12 of 22 dishonored premium check after the date he signed the stipulation, thereby violating his assurance that he would prevent future similar violations. Mr. Velez failed to appear for his hearing. |
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Region: Westchester County
LICENSEE |
ADDRESS |
PENALTY |
| Philip L. DeRosa (Agent) |
929 Peace Street |
License Revoked |
Respondent did not notify Department he was doing business through a trade name, PLD Consulting. Respondent collected premium through PLD and failed to remit such premium in a timely fashion to the insurer. |
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Region: Out of State
LICENSEE |
ADDRESS |
PENALTY |
| Edward D.
McKechnie (Agent) |
535 Connecticut Avenue |
License Revoked |
Between February 1998 and November 1998, at a time he was an agent for Phoenix Home Life Mutual Insurance Company, Mr. McKechnie entered into a scheme to defraud insureds of Phoenix Home by having the insurer change their home address to Mr. McKechnies and request future dividend checks to sent to the insured. Mr. McKechnie subsequently intercepted eight dividend checks totaling $24,176, forged the insureds endorsements and converted the proceeds to his own use. Phoenix Home subsequently restored the amounts to the insured and terminated Mr. McKechnie as its agent and notified the Department. Mr. McKechnie did not cooperate with a Department inquiry and failed to appear at his scheduled hearing. |
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FINES FOR LATE FINANCIAL STATEMENTS |
The following health maintenance organizations (HMOs) and other insurers have been fined for late submissions of the quarterly and annual statements:
LICENSEE |
ADDRESS |
PENALTY |
| American
Independent Networks Ins. Co. of New York |
3640 Lehigh Street |
$1,250 fine |
LICENSEE |
ADDRESS |
PENALTY |
| Delta Dental of New York | One Delta Drive |
$2,050 fine |
LICENSEE |
ADDRESS |
PENALTY |
| Dental Insurance
Company of America |
509 Madison Avenue |
$250 fine |
LICENSEE |
ADDRESS |
PENALTY |
| Excellus Health Plan Inc. | 366 South Warren Street |
$750 fine |
LICENSEE |
ADDRESS |
PENALTY |
| Health Care Plan | Guaranty Building |
$11,500 fine |
LICENSEE |
ADDRESS |
PENALTY |
| United Healthcare of New York | Two Penn Plaza |
$250 fine |
LICENSEE |
ADDRESS |
PENALTY |
| United Healthcare of Upstate NY | Pioneer Business Park |
$250 fine |
LICENSEE |
ADDRESS |
PENALTY |
| Vytra Health Services, Inc. | Corporate Center |
$7,500 fine |