New York State
Insurance Department


ISSUED: 1/17/01

FOR IMMEDIATE RELEASE

 
NEW YORK STATE INSURANCE 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 actions as a result of Department hearings are subject to judicial review and possible stay of enforcement.

COMPANY STIPULATIONS

LICENSEE

ADDRESS

PENALTY

Ace American Insurance Co.

Two Liberty Place
1601 Chestnut Street
Philadelphia, PA

$28,000 fine

Market Conduct report investigation of the Company’s Public Automobile Livery Business conducted by the Department for policies with an expiration date of February 28, 2000 revealed violation of Regulation 57 by failing to charge filed rates and to establish adequate procedures to minimize the occurrence of improperly charged rates.

 

LICENSEE

ADDRESS

PENALTY

American Guarantee & Liability Insurance Company 1400 American Way
Schaumburg, IL

$30,900 fine

Company violated Regulation 57, which requires insurers to charge filed rates. Also violated Regulation 129, which requires that the overall effect of applying schedule rating, IRPM plans and experience rating on any individual insured shall not, in aggregate, provide for modification in filed rates in excess of + 25 percent; and requires that any "a" rated risk information shall be retained in the insurer’s individual underwriting file for five years. Violated Regulation 96 by not reporting fire losses in excess of $1,000 to the Property Insurance Loss Register (PILR), within five business days of the loss. Violated Section 3426 (a)(I) of the Insurance Law that requires that every notice of cancellation or non-renewal delivered by an insurer shall advise the insured and such insureds authorized agent or broker of the availability of loss information. Violated Regulation 96, which requires that unless the insured returns the completed, signed and affirmed anti-arson application to the insurer 15 days prior to the expiration of the policy, the insurer shall terminate the policy on its expiration date. Violated Regulation 57 that requires insurers to establish adequate procedures to minimize the occurrence of improperly charged rates. In addition, Respondent admits that it failed to fully comply with a Department stipulation dated April 2, 1997 in that it failed to perform an adequate review of all commercial multiple peril policies as specified in said stipulation.
 

LICENSEE

ADDRESS

PENALTY

American Progressive Life and Health Insurance Company of NY

6 International Drive
Suite 190
Rye Brook, NY

$10,000 fine

Company violated Insurance Law by failing to notify the Superintendent of its intention to render services to an affiliate on a regular or systematic basis and by using a policy form that was not filed and approved by the Superintendent.

 

LICENSEE

ADDRESS

PENALTY

Columbian Mutual Life Insurance Co.

Vestal Parkway East
PO Box 1381
Binghamton, NY

$50,000 fine

Company violated Insurance Law by taking credit for reinsurance ceded and letters of credit which did not meet the requirements of said Section; by requesting HIV testing of proposed insureds without receiving written consent prior to such testing and by using consent forms which did not provide all of the information required by the Insurance Law; and by using policy forms which had been approved by the Superintendent in a manner which did not comply with such approval. Respondents violated Regulation 60 by failing to effectively monitor its internal operations regarding compliance with the requirements for the replacement of life insurance policies.

 

LICENSEE

ADDRESS

PENALTY

CGU Life Insurance Company of NY

100 Corporate Parkway
Suite 300
Amherst, NY

$20,000 fine

Company violated sections of the Insurance Law by failing to receive the required written informed consent of individuals who were requested or required to submit to an HIV related test; by applying different underwriting standards on identical policies; and by failing to charge interest on loans to agents and by issuing a loan to an agent which exceeded the expected compensation of the agent over the next twelve months.

 

LICENSEE

ADDRESS

PENALTY

Eagle Insurance Company

999 Stewart Avenue
Bethpage, NY

$2,500 fine

Company violated Section 3426(f)(1)(2) of the Insurance Law by admitting that during the calendar year 1998, it exceeded the maximum number of private passenger automobile non-renewals permitted for the calendar year.

 

LICENSEE

ADDRESS

PENALTY

Empire Fidelity Investments Life Insurance Company

200 Liberty Street
New York, NY

$20,000 fine

Respondent violated sections of the Insurance Law by making certain payments to an officer of the Company that were not authorized by the Board of Directors; by failing to file certificates of appointment in order to appoint insurance agents to represent the Company; and by paying commissions to agents who were neither properly licensed nor appointed by the Company.

 

LICENSEE

ADDRESS

PENALTY

Employers Insurance of Wausau,
A Mutual Company

PO Box 8017
Wausau, WI

$252,120 fine

Respondents violated Section 5102 of the Insurance Law by failing to make the basic economic loss coverage documentation available at the time of application. In addition, Company violated Regulation 35-D by failing to provide a written notice concerning SUM coverage. In addition, Respondents violated Regulation 57 by failing to charge filed rates and by failing to establish adequate procedures to minimize the occurrence of improperly filed rates.

 

LICENSEE

ADDRESS

PENALTY

First Cova Life Insurance Company

120 Broadway
New York, NY

$25,000 fine

Respondents violated sections of the Insurance Law by failing to notify the Department as directed in Department Circular Letter No. 33 (1979), of its tax allocation agreement; by failing to notify the Superintendent in writing at least 30 days prior to entering into four service agreements with its affiliates; by failing to keep minutes of the meetings of its shareholders, board of directors and committees thereof. Company also violated section of the Insurance Law by failing to have written criteria for its annuity interest rates approved by its board of directors or a committee and failing to have any audit committee meetings during the examination period.

 

LICENSEE

ADDRESS

PENALTY

First Investors Life Insurance Company

95 Wall Street
New York, NY

$10,000 fine

Violated Insurance Law by failing to obtain prior approval for an amendment to its plan of operations for its separate accounts; and by requesting HIV testing of proposed insureds without providing the information required by Sections 2611(b)(3) and (5) the Insurance Law.

 

LICENSEE

ADDRESS

PENALTY

Frontier Insurance Company

195 Lake Louise Marie Road
Rock Hill, NY

$14,300 fine

Respondents violated Regulation 57, which requires that insurers charge filed rates; Regulation 129 which requires that rating plan for eligibility purposes only be used in the rating of risk which would otherwise generate certain enumerated basic limits premium; Regulation 86, which requires that every binder, contract, policy, rider and endorsement issued pursuant to Sction 6301 of the Insurance Law on special risks located or resident in New York State comply with minimum standard policy provisions of the Insurance Law; Regulation 86, which requires that the appropriate classification code be indicted on the lower left corner of the front page of each binder, policy, contract, rider or endorsement, and on all subsequent amendments thereto; and Regulation 96 which requires that every insurer, broker or agent furnish to applicants an anti-arson application prior to or at the time the risk is submitted or bound. Failed to comply with Section 2307(b) of the Insurance Law which requires that no policy form shall be issued unless it has been filed and approved by the Superintendent.

 

LICENSEE

ADDRESS

PENALTY

General Security Insurance Company Two World Trade Center
New York, NY
$11,900 fine
Violated Regulation 57, which requires that insurers charge filed rates and requires insurers to establish procedures to minimize the occurrence of improperly charged rates and to, in fact, pursue such procedures. In addition, violated Regulation 96, which requires every insurer, at least 45 days, but no more than 60 days, in advance of the expiration date of the policy, to deliver an anti-arson application to the insured.
 

LICENSEE

ADDRESS

PENALTY

Life Insurance Company of Boston and New York

21 East 40th Street
New York, NY

$15,000 fine

Violated sections of the Insurance Law by failing to notify the Superintendent of the services provided for its parent company; by calling attention to an unauthorized insurer in its advertisements; and by failing to maintain a complete advertising file in its home office.

 

LICENSEE

ADDRESS

PENALTY

Lion Insurance Company

999 Stewart Avenue
Bethpage, NY

$1,750 fine

During the calendar year 1998, the Respondents violated Section 3425(f)(1) and (2) of the Insurance Law by exceeding the maximum number of private passenger automobile non-renewals permitted for the calendar year.

 

LICENSEE

ADDRESS

PENALTY

Mutual Service Casualty Ins. Co.

2 Pine Tree Drive
Arden Hills, MN

$4,200 fine

Respondents admitted that they violated Department Regulation 57, and/or the Insurance Law by failing to charge filed rates. The Respondents will re-rate all public automobile livery policies expiring 2/28/2000 and will refund overcharges in excess of $15. They must also notify insureds of undercharges exceeding $15. No retroactive premium adjustments will be applied, but upon renewal correct rates will be charged. The Respondent will submit a report summarizing the results of its re-rating procedures.

 

LICENSEE

ADDRESS

PENALTY

Preferred Life Insurance Company of NY 152 West 57th Street
New York, NY
$20,000 fine
Violated Section 2112 of the Insurance Law by failing to file certificates of appointment for insurance agents representing the Company. In addition, violated Section 2114 (a)(1) and (a)(3) of the Insurance Law in that it paid commissions to insurance agents who were not appointed as representatives of the Company. Also violated Section 2108(a)(4) of the Insurance Law in that it paid commissions for claims adjusting to three third party administrators who were not licensed as independent adjusters.
 

LICENSEE

ADDRESS

PENALTY

Star Insurance Company

26600 Telegraph Road
Suite 300
Southfield, MI

$234,800 fine

Respondent violated Sections 160.2(c), and 160.2(g) of Department Regulation 57, in that it failed to charge filed rates, and to establish adequate procedures to minimize the occurrence of improperly charged rates and to in fact pursue those procedures. Respondents used a rating classification that had not been filed with the Department. It is the Department’s position that such conduct is violative of Section 2307(a) of the Insurance Law which states that no insurer shall use a rating classification unless it has been filed with the Superintendent. In addition, Respondent failed to follow its filed rates in that it used rates lower than those filed with the Department. It is the Department’s position that such conduct is violative of Section 2310(a) of the Insurance Law which requires every insurer to furnish the Superintendent, on or before the date of their use, all changes in filed rates.

 

LICENSEE

ADDRESS

PENALTY

Transamerica Life Insurance Company of New York

100 Manhattanville Road
Purchase, NY

$25,000 fine

Respondents violated Section 1505(d) of the Insurance Law by failing to adhere to the terms of two approved service agreements. Respondents violated Sections 310(a)(3) and 1507(a) of the Insurance Law in that its officers and the officers of its parent and affiliates failed to facilitate the examination. Respondents violated Section 3214(c) of the Insurance Law in that it failed to pay the required interest on supplementary contracts. Respondents violated Department Regulation 34A, by failing to control the content, form and method of dissemination of certain advertisements and failed to have its name and/or home office location included in the advertisements; by displaying an advertisement on its webpage contained confusing information related to its term life insurance products; by using the words "no cost options" to describe the benefits available with its term product; by failing to maintain copies of all advertisements in its advertising file and the file did not contain information regarding the manner and extent of the distribution of certain advertisements. Respondent violated Department Regulation 64, in that it failed to send follow-up letters to claimants of resisted claims.

 

LICENSEE

ADDRESS

PENALTY

United States Fire Ins. Co. 305 Madison Avenue
Morristown, NJ
$22,650 fine

Respondents violated the following regulations: Regulation 57, which requires insurers to charge filed rates. Regulation 129 which requires that individual underwriting files contain the specific criteria, relative to the risk being rated, and document the particular circumstances that support each expense reduction credit; that individual underwriting files contain the specific criteria, relative to the risk being rated and document the specific circumstances that support each debit or credit; that an audit to determine final premium for policies under which the initial premium is based on an estimate of the insured’s exposure base be conducted within 180 days after expiration of such policy and cannot be waived; and that any "a" rated risk information be retained in the insurer’s individual underwriting file for each policy issued, for a period of five years from the date of first issuance of such policy, and be available for inspection. In addition, Company violated Regulation 57, which requires insurers to establish adequate procedures to minimize the occurrence of improperly charged rates; Regulation 86 which requires each insurer to maintain in its files the premium charged for each special risk and the basis for the rate; and Regulation 96, which states that unless the insured returns the completed, signed and affirmed anti-arson application to the insurer, broker or agent within 45 days of the effective date of coverage, or 15 days prior to the expiration date of renewals, the insurer shall rescind such coverage. Also Company violated Section 3426 of the law which requires insurers to furnish specific reasons on non-renewal notices.

 

LICENSEE

ADDRESS

PENALTY

Utica Mutual Insurance Company

PO Box 530
Utica, NY

$8,250 fine

During the calendar year 1998, Respondents violated Section 5106 of the Insurance Law and Department Regulation 68 by failing to pay the required 2% interest rate compounded and calculated on a 30 day pro-rate basis on overdue PIP benefits.

 

LICENSEE

ADDRESS

PENALTY

Virginia Surety Company

123 North Wacker Drive
Chicago, IL

$50,000 fine

Violated Insurance Law Section 2307(b), which states that no insurer shall use a policy form unless it has been filed and approved by the Superintendent; Regulation 57, which requires insurers to charge filed rates; and Regulation 135, which states that except in connection with a federal purchasing group, no group policy shall be issued or renewed in this state unless it is in conformity with the requirements specified therein.

 

LICENSEE

ADDRESS

PENALTY

Yasuda Fire & Marine Insurance Company of America

225 Liberty Street
New York, NY 10281

$5,000 fine

Respondent admits that for the period October 1, 1998 through September 30, 1999, it violated Regulation 57, which requires that insurers establish adequate procedures to minimize the occurrence of improperly charged rates, and, in fact, pursue such procedures.

 

LICENSEE

ADDRESS

PENALTY

Zurich Insurance Company –
US Branch

1400 American Way
Schaumburg, Il

$36,100 fine

Respondent violated the following: Regulation 57, which requires insurers to charge filed rates. Regulation 129, which requires that the overall effect of applying schedule rating, IRPM plans and experience rating on any individual insured shall not, in aggregate, provide for modification in filed rates in excess of plus or minus 25 percent; Regulation 129, which requires that any "a" rated risk information shall be retained in the insurer’s individual underwriting file for each policy issued, for a period of five years from the date of first issuance of such policy, and be available for inspection.; Insurance Law Section 3426 (g)(1) which requires that every notice of cancellation or non-renewal delivered by an insurer shall advise the insured and such insureds authorized agent or broker of the availability of loss information; Regulation 96, which requires that fire losses in excess of $1000 be reported to the Property Insurance Loss Register within five business days of notice of the loss and which requires that unless the insured returns the completed, signed and affirmed anti-arson application to the insurer 15 days prior to the expiration of the policy, the insurer shall terminate the policy on its expiration date; Regulation 57, which requires insurers to establish adequate procedures to minimize the occurrence of improperly charged rates and, in fact, pursue such procedures. Regulation 129, which states that the use of a filed and approved experience rating, IRPM and expense reduction plan is mandatory and shall be applied uniformly in a non-discriminatory manner for all eligible classes of risks; and which requires that individual underwriting files contain the specific criteria, relative to the risk being rated and document the particular circumstances that support each debit or credit; and which requires that a premium audit be completed within 180 days after expiration of a policy. If an insured fails to cooperate with the insurer in its attempt to conduct such an audit, the insurer shall non-renew the insured upon the completion of the current policy period. In addition, Respondent admits that it failed to fully comply with a Department stipulation dated April 2, 1997 in that it failed to perform an adequate review of all commercial multiple peril policies.

 

AGENT & BROKER STIPULATIONS

Region: Binghamton

LICENSEE

ADDRESS

PENALTY

Elva J. Hunt Insurance Agency, Inc
And
William A. Hunt, Jr.
(Sublicensee)

34 River Street
Sidney, NY
Same as above

$1,000 fine

On or about September 24, 1998, Respondents received a return premium check in the amount of $2,824.51, which they failed to return to the insured until November 17, 1999.

 
Region: Westchester County

LICENSEE

ADDRESS

PENALTY

Cira A. Velin
(Broker)
t/b/a
RDC Insurance Brokerage

232 N. Washington Street
N. Tarrytown, NY
 
Same as above

Licenses revoked

Between January and March 1998, Ms. Velin issued seven insurance premium checks, totaling $1,955.30, that were dishonored by the bank, but were subsequently replaced. Ms. Velin breached two department stipulations wherein she undertook to take all necessary steps to prevent the recurrence of similar violations.

 
Region: Buffalo

LICENSEE

ADDRESS

PENALTY

Dann G. Neale
(Agent)
103 Narayone Drive
Batavia, NY
$3,046 fine
Mr. Neale placed a life insurance policy with Prudential Insurance Company of American on behalf of an insured. The annual premium for said policy were funded by loans from existing policies which exceeded 50% of the tabular cash values of the existing policies, which constituted a replacement of life insurance with the meaning of Department Regulation 60. Mr. Neale also submitted a signed statement to the insurer on which he incorrectly indicated that the transaction did not involve replacements; and failed to present to the insured a completed disclosure statement signed by Mr. Neale and a notice regarding replacement of life insurance. Mr. Neale also failed to submit a completed disclosure statement signed by him to the insurer.
 

LICENSEE

ADDRESS

PENALTY

Michael L. Stanton
(Agent)

97 S. Washington Street
Binghamton, NY

$3,005 fine

Mr. Stanton placed a life policy with Metropolitan Life Insurance Company on behalf of an insured. As part of said transaction, loans were taken on an existing life insurance policy of the insured. The loans amounted to more than 50% of the policy’s tabular cash value and thus the transaction constituted "replacement of life insurance" as defined in Regulation 60. Mr. Stanton also submitted a signed statement to the insurer on which he incorrectly indicated that the transaction did not involve replacements; and failed to present to the insured a completed disclosure statement signed by Mr. Stanton and a notice regarding replacement of life insurance. Mr. Stanton also failed to submit a completed disclosure statement signed by him to the insurer.

 

LICENSEE

ADDRESS

PENALTY

Thomas A. Roth
(Broker)

534 Main Street
Suite 17
Medina, NY

$2,500 fine

Issued a forged insurance identification card and on or about November 24, 1997, he completed, signed and delivered an FS-1 auto insurance ID card without authorization from the insurer, the Atlantic Mutual Insurance Company.

 

LICENSEE

ADDRESS

PENALTY

Arthur T. Stover
(Agent)
and
Gi-Gi L. Stover
(Agent)

76 Partridge
West Seneca, NY

Same as above

$2,300 fine

Issued four checks from their premium account which were dishonored; and on 163 occasions, from on or about January 1996 through September 1997, Respondents charged a $35 service fee on all new Assigned Risk applications and failed to obtain signed memoranda from the insureds. They have replaced the dishonored checks and have refunded the service fees to all insureds they were able to locate.

 
AREA: Nassau County

LICENSEE

ADDRESS

PENALTY

Able Insurance Brokerage, LTD
 

Rosa Rodriguez
(Sublicensee)

53 Audubon Avenue
New York, NY

Same as above

$500 fine

Issued seven insurance premium checks, totaling over $4,880, that were dishonored by the bank but were subsequently replaced.

 

LICENSEE

ADDRESS

PENALTY

Brite Star Agency, Inc



Josephine Levan
(Sublicensee)

1635 Great Neck Road
#7
Copiague, NY

Same as above

$2,000 fine

Issued 29 insurance premium payments checks totaling over $5,350 that were dishonored by the bank but were subsequently replaced. During the same time period, Ms. Levan commingled funds, paying personal and business expenses from the same account.

 

LICENSEE

ADDRESS

PENALTY

Lawrence Brody
(Agent and Broker)

33 Harbor View West
Lawrence, NY

License Revoked

In January 1994, Mr. Brody’s certification to produce insurance for the New York Automobile Insurance Plan ("Plan") was suspended for various Plan violations. Between July 1994 and February 1995, Mr. Brody issued 67 checks, totaling over $20,970, that were dishonored by the bank of which 25 checks remain unaccounted for.

 

LICENSEE

ADDRESS

PENALTY

Joseph C. Douglas
(Agent)

18-05 215th Street
Apt. #40
Bayside, NY

$1,375.14 fine

Mr. Douglas solicited and/or sold three policies for the Fidelity Group, Inc. an entity not licensed or authorized to do an insurance business in this state.

 

LICENSEE

ADDRESS

PENALTY

Gypsy Brokerage Corp
Juana De Castro
(Sublicensee)

936 Seneca Avenue
Ridgewood, NY
Same as above

$1,000 fine

Issued an insurance premium transmittal check in the amount of $350 that was dishonored by the bank but was subsequently replaced. Commingled insurance premium funds in that they deposited all collected insurance moneys into a single account maintained by a travel agency over which they had no control.

 

LICENSEE

ADDRESS

PENALTY

Scott M. Kunz
(Adjuster)

1232 Stony Brook Road
Lake Grove, NY

$250 fine

Department by letters dated May 14, July 21 and August 31, 1999, directed Mr. Kunz to provide information regarding his employment. Mr. Kunz failed to reply until after issuance of a Citation thereby hampering and impeding the Department’s investigation. Mr. Kunz has now provided the requested information.

 

LICENSEE

ADDRESS

PENALTY

Robert I. Simms
(Agent)

101 Soloff Boulevard
Inwood, NY

$799.16

Solicited and/or sold two policies for the Fidelity Group, Inc. an entity not licensed or authorized to do an insurance business in this state.

 

LICENSEE

ADDRESS

PENALTY

Alan Zaremba
(Agent)

35 Bourndale Road South
Manhasset, NY

$500 fine

Solicited and/or sold one policy for Equitable of Colorado to a New York resident in New York. Equitable of Colorado is not licensed in New York.

 
Region: Mid-Hudson

LICENSEE

ADDRESS

PENALTY

John T. McFadden
(Agent)

22 David Drive
Poughkeepsie, NY

$1,300 fine

Negotiated three annuity contracts with clients in New York State on behalf of an unlicensed insurer, American Life and Casualty Insurance Company.

 

LICENSEE

ADDRESS

PENALTY

Oscar E. Gallion
(Broker)

31 Main Parkway
Plainview, NY

License Revoked

Mr. Gallion submitted applications to the New York Automobile Insurance Plan ("Plan") wherein the principal driver was a person other than the applicant/insured and the principal driver did not authorize or consent to the use of his name. On May 20, 1999 Mr. Gallion’s certification to produce insurance for the Plan was revoked for various Plan violations. In addition, Mr. Gallion allowed a revoked licensee to conduct an insurance business using his license.

 

LICENSEE

ADDRESS

PENALTY

Edward Gelb
(Agent)

1 West Lyens Street
Melville, NY

$2,496 fine

Solicited and/or sold seven policies for the Fidelity Group, Inc. an entity not licensed or authorized to do an insurance business in this state.

 

LICENSEE

ADDRESS

PENALTY

Franklin Lerner
(Agent)

103 Harbour Lane
West Bay Shore, NY

$500 fine

Solicited and/or sold one policy for Equitable of Colorado to a New York resident. Equitable of Colorado is not licensed in New York.

 

LICENSEE

ADDRESS

PENALTY

Marsh & Mullany, Inc.
 
 
Thomas A. Mullany
(Sublicensee)
t/ba/
Thomas A. Mullany Agency

7 Westchester Drive
Rocky Point, NY
 
129 Crystal Beach Blvd.
Moriches, NY

$500 fine

Issued four insurance premium checks, totaling over $2,160 that were dishonored by the bank but were subsequently replaced.

 

LICENSEE

ADDRESS

PENALTY

Paula J. Porter
(Agent and Broker)

5 Dorfer Lane
Nesconset, NY

License Revoked

On or about September 1998, Ms. Porter’s certification to write insurance for the New York Automobile Insurance Plan ("Plan") was revoked for a period of three years. Among the cited Plan violations was Ms. Porter’s submission of 68 applications without the required premium deposit. To date, Ms. Porter has failed to adequately explain this deficiency.

 

LICENSEE

ADDRESS

PENALTY

Michael Scavuzzo
(Agent)

15 North Pine Street
N. Patchogue, NY

$1,161 fine

Mr. Scavuzzo solicited and/or sold two policies for the Fidelity Group, Inc. an entity not licensed or authorized to do business in this state.

 

LICENSEE

ADDRESS

PENALTY

S. Alfred Tucker
(Agent)

9 Peter Lane
Plainview, NY

$7,310.97 fine

Solicited and/or sold 16 policies for the Fidelity Group, Inc. an entity not licensed to do an insurance business in this state.

 
Region: New York City

LICENSEE

ADDRESS

PENALTY

Meshch Ariri
(Broker)

4047B White Plains Road
Bronx, NY

$1,000 fine

Issued four premium transmittal checks, totaling over $1,253, that were dishonored by the bank but were subsequently replaced. Mr. Ariri also commingled premium funds by paying personal and operational expenses from his premium account.

 

LICENSEE

ADDRESS

PENALTY

Yefim Breydo
(Agent)

63-91 99th Street
Apt. C10
Rego Park, NY

$693.15 fine

Solicited and/or sold two policies for the Fidelity Group, Inc., an entity not licensed or authorized to do an insurance business in this state.

 

LICENSEE

ADDRESS

PENALTY

Elvira Castro
(Broker)

1098 Lafayette Avenue
Bronx, NY

$1,500 fine

Issued 90 premium checks, totaling over $39,650 that were dishonored by the bank but were subsequently replaced.

 

LICENSEE

ADDRESS

PENALTY

Crown Security and Insurance Company
Felix I. Aighewi
(Sublicensee)

3062 Boston Road
Bronx, NY
Same as above

$500 fine

Issued an insurance premium check in the amount of $200 that was dishonored by the bank but was subsequently replaced.

 

LICENSEE

ADDRESS

PENALTY

David Brokerage, Inc.
 
 
 
Herminia Bonilla
(Sublicensee)
  

755 Grand Street
1st Floor
Brooklyn, NY
 
80-04 62nd Street
2nd Floor
Glendale, NY

$500 fine

Issued eight insurance premium checks, totaling over $2,892, that were dishonored by the bank but were subsequently replaced.

 

LICENSEE

ADDRESS

PENALTY

Rima Diary
(Agent)

2906 Brighton 12th Street
Apt. 2C
Brooklyn, NY

$530.23

Solicited and/or sold one policy for the Fidelity Group, Inc. an entity not licensed or authorized to do an insurance business in this state.

 

LICENSEE

ADDRESS

PENALTY

EZ Vision Brokerage, Inc
 
 
Ubaldo F. Santos
(Sublicensee)

2385 Grand Concourse
Bronx, NY

37 W. Burnside Avenue
Bronx, NY

$500 fine

Submitted an application to the New York Automobile Insurance Plan wherein the principal operator was a person other than the insured/applicant and Mr. Santos failed to complete a "Driver Verification Form" as required by the Plan.

 

LICENSEE

ADDRESS

PENALTY

Gildalina E. Garcia
(Broker)

350 East 9th Street
Apt. Bst.1
Brooklyn, NY

$500 fine

Issued two insurance premium checks, totaling $595 that were dishonored by the bank but were subsequently replaced.

 

LICENSEE

ADDRESS

PENALTY

Michael Kliss
(Agent)

2077 East 38th Street
#2B
Brooklyn, NY

$2,248.43 fine

Solicited and/or sold two policies for the Fidelity Group, Inc., an entity not licensed or authorized to do insurance business in this state.

 

LICENSEE

ADDRESS

PENALTY

MMZ General Financial Services, Inc.

Mohamed M. Zahiruddin
(Sublicensee)

1687 Jerome Avenue
Bronx, NY

Same as above

$3,500 fine

Allowed an unlicensed employee to conduct their insurance business and submitted five "Driver Verification Forms" to the New York Automobile Insurance Plan that were stamped with a facsimile of his signature rather than signed and witnessed as required.

 

LICENSEE

ADDRESS

PENALTY

Jack J. Passiatore & Associates, Inc.


Jack J. Passiatore
(Sublicensee)

2506 East Tremont Avenue
Bronx, NY

125 North Washington Avenue
Hartsdale, NY

Licenses Revoked

Between January 1, 1998 and May 31, 1999, Respondents issued 17 insurance premium checks, totaling over $9,509 that were dishonored by the bank but were subsequently replaced; and an additional 119 insurance premium checks when funds were not available but the checks were honored using overdraft privileges.

 

LICENSEE

ADDRESS

PENALTY

Joseph D. Phoenix, Jr.
(Agent and Broker)

114-26 209th Street
Cambria Heights, NY

License Revoked

In November 1997, Mr. Phoenix collected a premium in the amount of $950 that was not remitted to the insurer until April 23, 1998. In addition, between December 1997 and March 1998, he collected three premiums totaling $568 that were remitted to the insurer on March 20, 1998 after the policy was cancelled for non-payment of the premium; and on May 13, 1997, Mr. Phoenix also collected a premium deposit of $671 which he failed to remit until November 19, 1997.

 

LICENSEE

ADDRESS

PENALTY

Arkadiy Shnayder
(Agent)

2042 Homecrest Avenue
Brooklyn, NY

$3,420.39 fine

Solicited/and or sold eight policies for the Fidelity Group, Inc. an entity not licensed or authorized to do an insurance business in this state.

 

LICENSEE

ADDRESS

PENALTY

Edgardo Torralvo
(Broker)

242 14th Street
#14-1
New York, NY

$1,500 fine

Mr. Torralvlo was placed on the Certified Check Requirements List by the New York Automobile Insurance Plan for issuing dishonored premium checks; and issued 20 dishonored premium checks totaling over $5,551 which were subsequently replaced.

 
Region: Out of State

LICENSEE

ADDRESS

PENALTY

Barry Kaye
(Agent)

1901 Avenue of the Stars
Suite 500
Los Angeles, CA

$500 fine

Solicited and/or sold one policy for Equitable of Colorado to New York residents in New York. Equitable of Colorado is not licensed to do business in New York.

 

AGENTS/BROKER HEARINGS

Region: Rochester County

LICENSEE

ADDRESS

PENALTY

Joseph W. Kennedy, Jr.
(Agent and Broker)

169 Corwin Road
Rochester, NY

License Revoked

Mr. Kennedy gave false statements in a Bankruptcy proceeding. Also failed to appear at Department hearing.

 
Region: Suffolk County

LICENSEE

ADDRESS

PENALTY

Darold B. Delany
(Independent Adjuster)

74 Plum Street
Central Islip, NY

Licensed Revoked

Mr. Delany signed and submitted an application to the Department to renew his independent adjuster’s license, where he made false statements on said application.

 
Region: Syracuse

LICENSEE

ADDRESS

PENALTY

Kevin M. Keding
(Agent)

308 E. Broadway
Fulton, NY

License Revoked

As an agent of Nationwide Mutual Insurance Company, Mr. Keding collected premium amounts of over $17,581 from insureds and failed to remit these funds to Nationwide or otherwise account for them.

 
Region: New York City

LICENSEE

ADDRESS

PENALTY

Anabella Tours Inc.


Ramon E. Soriano
(Sublicensee)

291 East 170th Street
Bronx, NY

834 C Caldwell Avenue
Bronx, NY

License Revoked


License Revoked

Violated New York Automobile Insurance Plan rules by submitting forged documents of an insured. Mr. Soriano failed to appear at the Department for his hearing.

 

LICENSEE

ADDRESS

PENALTY

George Bacolas
(Agent)

189-45 45 Drive
Flushing, NY

License Revoked

Collected and failed to remit premium payments to Massachusetts Casualty Insurance Company. In addition, Mr. Bacolas’ did not appear at the Department for his scheduled hearing.

 

LICENSEE

ADDRESS

PENALTY

Sharmila B. Bhagan
(Broker)

100-23C Benchley Place
Bronx, NY

License Revoked

Collected and failed to remit premium payment to State Farm Insurance Company. In addition, Ms. Bhagan failed to cooperate with the Department regarding this investigation and failed to appear at the hearing.

 

LICENSEE

ADDRESS

PENALTY

Francois E. Cadley
(Agent/Broker)
 
 
Cadley Brokerage

732 East 78th Street
1st Floor
Brooklyn, NY

Same as above

License Revoked



License Revoked

During the period of January and November through December 1998, Mr. Cadley issued 11 insurance premium checks that were dishonored by the bank, some as a result of insufficient funds and others were stopped. These checks were subsequently replaced. All the dishonored (including the stopped) premium checks were related to New York Automobile Insurance Plan (NYAIP) clients. As a result of continued issuance of dishonored checks in violation of NYAIP rules, Mr. Cadley was placed on the certified check list. Mr. Cadley corrected his method of doing business by no longer accepting personal checks from his clients unless the insured’s check is made payable to the NYAIP, insurer, or premium finance company. By stipulation dated May 1, 19995, Mr. Cadely admitted, among other violations, that he issued four insurance premium checks that were dishonored by the bank on which drawn. Mr. Cadley was fined $1,250 and agreed to take all necessary steps to prevent recurrence of similar violations. Mr. Cadley continued subsequently to issue dishonored premium checks and breached said stipulation. In a hearing held by the Department, Mr. Cadley did not pay the $4,500 fine ordered by the Department, thus revoking his agent/broker license.

 

LICENSEE

ADDRESS

PENALTY

Roberto Garcia
(Broker)

325A 22nd Street
Apt. 1st Floor
Brooklyn, NY

License Revoked

On or about January 21, 1998, Mr. Garcia’s certification to write insurance business under the New York Automobile Insurance Plan ("Plan") was revoked because of a series of infractions and violation of the Plan’s rule. In addition, on June 28 and October 30, 1996, Mr. Gracia collected insurance premiums in the amount of $880 from his client. Mr. Garcia submitted only $280 of said monies to the insurer. To date, Mr. Garcia has failed to return the money or otherwise account for the discrepancy.

 

LICENSEE

ADDRESS

PENALTY

David L. Hampel
(Agent)

64-34 102nd Street
Apt. 7-M
Rego Park, NY

License Revoked

Mr. Hampel on several occasions failed to forward monies received from his clients to their insurers. Respondent failed on several occasions to respond to letters from the Department seeking information regarding questionable transactions.

 

LICENSEE

ADDRESS

PENALTY

Insurance Agency Services of NYSI
Co., Inc.
and

Joseph V. Pinder
(Sublicensee)

182 South Avenue
PO Box 9
Staten Island, NY

Same as above
 

License Revoked



License Revoked

On or about July 1988, Respondent hired a non-licensee to manage and operate the insurance office and to sell automobile insurance through the New York Automobile Plan ("NYAIP") to prospective insureds. Mr. Pinder then relocated to Florida, leaving the insurance office in the unlicensed, unsupervised hands of the manager. Subsequently the non-licensee altered 31 NYAIP application forms signed by insureds by crossing out the printed name of Insurance Agency Services of NYSI Co, Inc., thereon and writing in her own name as producer of record. She submitted said altered applications without deposits to the NYAIP on or about April 26, 1999, with a note requesting that all commissions should be paid to her. Mr. Pinder filed a complaint with the Department and spoke to the Department examiner admitting that he hired the non-licensee to run the office after he moved to Florida but complained that she stole a lot of money from the insureds, issued dishonored checks, closed the office and disappeared. Mr. Pinder failed to appear at his scheduled Department hearing.

 

LICENSEE

ADDRESS

PENALTY

Amrswood Morency
(Broker)
T/b/a
Tam Tam Creole Travel
And Insurance Services

1163 Flatbush Avenue
Brooklyn, NY

License Revoked

Respondent issued three premiums checks totaling $1,350 that were dishonored by the bank. Respondent failed to replace same or to otherwise properly account therefore. In addition, Mr. Morency failed to cooperate in Department investigation of this matter and did not appear for his scheduled hearing.

 

LICENSEE

ADDRESS

PENALTY

Carlos Rojas
(Agent)

3625 Parson Blvd.
Apt. 2C
Flushing, NY

License Revoked

Mr. Rojas collected approximately 23 premium payments from his clients totaling $1,638. He failed to remit said premium monies to the appropriate insurer or otherwise properly account for. Mr. Rojas failed to cooperate in Department’s investigation of this matter and did not appear for his scheduled hearing.

 

LICENSEE

ADDRESS

PENALTY

Seguros Agency Oriental, Inc.
And

Juan Cruz,
(Sublicensee)

521 W. 181st Street
New York, NY

2440 Amsterdam Avenue
4-C
New York, NY

$6,000 fine

While Mr. Cruz was away from the office, his unlicensed secretary sold five insurance policies and used corporate Respondent’s operating checking account to pay the premiums. The lack of sufficient funds resulted in the bank dishonoring the checks, but they were subsequently replaced. Mr. Cruz failed to adequately respond to the Department’s letters.

 

LICENSEE

ADDRESS

PENALTY

Yousef A. Sihweil
(Agent/Broker)

100-23C Benchley Place
Bronx, NY

License Revoked

Mr. Sihweil failed to remit $4,120 to an insurer and has otherwise not properly accounted for the monies. Mr. Sihweil did not cooperate with Department’s investigation of this matter or appear at his scheduled Departmental hearing.

 

LICENSEE

ADDRESS

PENALTY

Leon-Anat Brokerage, Inc.
Large Auto Brokerage, Inc.
And

Leon Gavriel, Inc.
(Sublicensee)

72-71 Main Street
Flushing, NY

$10,100 fine

Respondents on numerous occasions misrepresented insurance coverage, provided low premium quotes, failed to remit monies to the appropriate insurers and impeded the Department’s investigation by not responding to Department inquiries regarding their activities.

 

-LICENSEE

ADDRESS

PENALTY

Andelys Veras
(Broker)

54-40 Little Neck Parkway
Little Neck, NY

$250 fine

Ms. Veras signed and issued three premiums checks totaling $631.55 on behalf of her insured with the New York Automobile Plan. She left her office for ten days to attend a funeral in the Dominican Republic. Ms. Veras, the only licensee on the premises, gave her employees the responsibility of depositing monies into the premium account to back up the three checks but failed to do so. The office remained opened without Ms. Veras’ presence because it also operated as a travel agency, prepared income tax returns, etc. Ms. Veras replaced all three checks as soon as she was informed of the problem.

FINES FOR LATE FINANCIAL STATEMENTS

The following health maintenance organizations (HMOs) and other insurers have been fined for late submissions of the 1998 Quarterly Statements & CPA Report Submissions:

LICENSEE

ADDRESS

PENALTY

American Independent Network Ins. Co. of New York

110 Walnut Street
Elmira, NY

$500 fine

 

LICENSEE

ADDRESS

PENALTY

Fiduciary Ins. Co. of America

Two Blue Hill Plaza
P.O. Box 1725
New York, NY

$500 fine

 

LICENSEE

ADDRESS

PENALTY

Dentcare Delivery Systems, Inc.

60 Charles Lindberg Blvd.
Uniondale, NY

$500 fine

 


Link to Homepage