New York State
Insurance Department


ISSUED: 12/11/2001

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. Department actions that result from Department hearings are subject to judicial review and possible stay of enforcement.

COMPANY STIPULATIONS

LICENSEE

ADDRESS

PENALTY

American General Life and Accident Insurance Company

American General Center
Nashville, TN

$13,600 fine

Disciplinary actions in New York resulted from claims and racially discriminatory practices by Respondent relating to the sale of industrial life and low face amount life insurance policies. The action is in accordance with a unanimous resolution by the National Association of Insurance Commissioners authorizing the Florida Department of Insurance to act as primary negotiator with the Respondent for the purpose of reaching a proposed settlement. The Regulatory Settlement Agreement with respect to New York involved current residents of New York State. The Respondent and the New York Insurance Department agreed to the recommendations set forth in the regulatory Settlement Agreement executed by the Respondent and the Florida Insurance Department.

LICENSEE

ADDRESS

PENALTY

American International Life Assurance Company of New York

PO Box 727
Wall Street Station
New York, NY

$20,000 fine

Respondent violated Department Regulation 34A by utilizing an advertisement which had a tendency to obscure the true identity of the insurer, and Respondent violated the Insurance Law by paying compensation to an agent in excess of its agency compensation plan on file with the Superintendent.

LICENSEE

ADDRESS

PENALTY

American Motorists Insurance Company

c/o Kemper Insurance Companies
One Kemper Drive
Long Grove, IL

$22,600 fine

Respondent violated the Insurance Law by issuing policy forms without filing and obtaining the approval of the Superintendent and by failing to give proper notice to insureds of its intention to non-renew policies. Respondent violated Regulation 57 by failing to charge filed rates; and violated Regulation 129 by failing to document the particular circumstances that supported rate debits and credits in the underwriting files, by failing to conduct required audits to determine final premium charges within the time limit prescribed, and by failing to retain and make available for inspection policy information in each underwriting file for a period of five years. In addition, Respondent violated Regulation 96 by failing to furnish an anti-arson application to every new business and violated Regulation 57 by failing to establish adequate procedures to minimize the occurrence of improperly charged rates.

LICENSEE

ADDRESS

PENALTY

American National Fire Insurance Company

c/o Great American Ins. Companies 580 Walnut Street
Cincinnati, OH

$12,090 fine

Respondent violated Regulation 68 by failing to send follow-up no fault applications when the originals were not returned within 30 calendar days. In addition Respondent violated the Insurance Law and Regulation 68 by failing to make payments or issue denials within 30 calendar days of receipt of relevant information or proof of claim and by failing to include a 2% interest rate compounded and calculated on a 30 day pro-rata basis on all overdue PIP benefits.

LICENSEE

ADDRESS

PENALTY

American National Fire Insurance Company

580 Walnut Street
Cincinnati, OH

$8,000 fine

Respondent violated the Insurance Law which states that a covered policy shall remain in effect unless written notice is mailed to the first name insured; and the section of the Insurance Law, which states that a non-renewal notice, a conditional renewal notice and/or second alternative notice shall indicate the specific reasons(s) for non-renewal or conditional renewal. In addition, the Company violated Regulation 129 which states that specific information shall be retained in the insurer’s individual underwriting file for each policy issued for a period of five years, and shall be available for inspection; violated Regulation 57 which states that insurers shall establish procedures to minimize the occurrence of improperly charged rates; and violated Regulation 96 by failing to report all fire claims in excess of $1,000 to the Property Insurance Loss Register within the specified timeframe; and by failing to deliver an anti-arson application to the insured at least 45 days but no more than 60 days in advance of the expiration date of the policy.

LICENSEE

ADDRESS

PENALTY

Geico General Insurance Company

One GEICO Plaza
Washington, DC

$56,250 fine

Respondent violated the Insurance Law and Regulation 68 by failing to make payments or issue denials within 30 calendar days of receipt of relevant information or proof of claim; by failing to include a 2% interest rate compounded and calculated on a 30 days pro-rata basis on all overdue PIP benefits; by failing to comply with the requirement which states that the claimant is entitled to 80% of lost wages up to policy limits; and by failing to send no-fault applications within five business days after report of loss to claim office. The Company violated Regulation 64, which states that deductions for previous damage or prior condition must be specific as to dollar amount and must be detailed in the claim file; by failing to make a good faith offer of settlement within 25 calendar days on a total unrecovered theft or 11 business days for other total losses; by failing to send out every 30 days a letter of explanation for claims that were outstanding for more than 30 days; by failing to meet reporting requirements to NICB within specific timeframes; and by failing to send a written explanation when a claim is not settled within 60 calendar days. They also violated Regulation 79 which states that inspection reports and photographs must be used and made a part of the claim file in the settlement of all unrecovered theft claims.

LICENSEE

ADDRESS

PENALTY

Great American Insurance Company

580 Walnut Street
Cincinnati, OH

$6,500 fine

Respondent violated the Insurance Law by failing to state on a non-renewal notice, a conditional renewal notice and/or second alternative notice the specific reason(s) for non-renewal or conditional renewal. The Company also violated Regulation 129 by failing to retain specific policy information in the insurer’s individual underwriting file for a period of five years; Regulation 96 by failing to furnish an anti-arson application to all applicants for fire or explosion insurance and in advance of the expiration date of the policy; and Regulation 57 which states that insurers shall establish adequate procedures to minimize the occurrence of improperly charged rates.

LICENSEE

ADDRESS

PENALTY

Government Employees Insurance Company

One GEICO Plaza
Washington, DC

$68,990 fine

Respondent violated the Insurance Law and Regulation 68 by failing to make payments or issue denials within 30 calendar days of receipt of relevant information or proof of claim; by failing to include a 2% interest rate compounded and calculated on a 30-day pro-rata basis on all overdue PIP benefits; by failing to send no-fault applications within five business days after report of loss to claim office; and by failing to send verification forms within 10 business days after receipt of no fault application. The Company violated Regulation 64 by failing to detail in the claim file the deductions for previous damage or prior condition; by failing to make a good faith offer of settlement on a total unrecovered theft or for other total losses within set timeframes; by failing to send out every 30 days a letter of explanation for claims that were outstanding; by failing to report to NICB all first and third party losses of $2,500 or more within specified timeframes. In addition, they violated Regulation 79 which states that inspection reports and photographs must be part of the claim file in the settlement of all unrecovered theft claims.

LICENSEE

ADDRESS

PENALTY

Highlands Insurance Company

1000 Lenox Drive
PO Box 6426
Lawrenceville, NJ

$15,100 fine

Respondent violated Regulation 35-D by failing to provide written notice about Supplementary Uninsured Motorist (SUM) coverage; by failing to provide those who purchased SUM coverage a declaration page which states the SUM limits and the maximum amount payable under SUM coverage; by failing to make optional basic economic loss coverage available and by failing to provide notice with an explanation of such coverage at the time of the application. The Company violated Regulation 96 by failing to report all fire claims in excess of $1,000 to the Property Insurance Loss Register within five business days; and violated Regulation 129, which states that a rating plan shall contain internal constraints and may only be used in the rating of risk that would otherwise generate at least $2,500 in basic limits premium; and which states that the individual underwriting files shall contain the specific criteria, relative to the risk being rated.

LICENSEE

ADDRESS

PENALTY

Lumberman’s Mutual Casualty Company

c/o Kemper Insurance Company
One Kemper Drive
Long Grove, IL

$23,050 fine

Respondent violated the Insurance Law by issuing policy forms without filing and obtaining the approval of the Superintendent; by failing to mail or deliver cancellation notices to its insureds at least 15 days in advance of cancellation; by failing to furnish specific reasons for non-renewal on its non-renewal notices; and by failing to give proper notice of its intention to non-renew policies. The Company violated Regulation 57 by failing to charge filed rates; violated Regulation 129 by failing to document the particular circumstances that supported rate debits and credits in the underwriting files; by failing to conduct required audits to determine final premium charges within the time limit proscribed; by failing to retain and make available for inspection policy information in the individual file for a period of five years. The also violated Regulation 96 by failing to furnish an anti-arson application to every new business; violated Regulation 57 by failing to establish adequate procedures to minimize the occurrence of improperly charged rates; violated Regulation 86 by failing to include a free trade zone disclosure notice on the front page of all policy forms; and violated Regulation 86 which states that every policy written in the free trade zone shall comply with the minimum standard policy provisions of the Insurance Law.

LICENSEE

ADDRESS

PENALTY

Massachusetts Mutual Life Insurance Company

1295 State Street
Springfield, MA

$10,000 fine

From January1, 1977 through December 31,1999 Respondent violated the Insurance Law by using certain name change endorsement forms in a manner not consistent with what was filed with and approved by the Superintendent.

LICENSEE

ADDRESS

PENALTY

National Integrity Life Insurance Company.

15 Matthews Street
Goshen, NY

$10,000 fine

Respondent violated the Insurance Law by distributing an advertisement that stated that its New Momentum policies are guaranteed by another insurer and by distributing advertisements that called attention to an unauthorized insurer. In addition, the Company violated Regulation 33 by adopting a method of distributing net investment income to major annual statement lines of business, which deviated from the rules prescribed in the Regulation without the Superintendent’s prior approval; and violated Regulation 34A when it failed to maintain a complete advertising file at its home office.

LICENSEE

ADDRESS

PENALTY

Reliastar Life Insurance Company of New York.

1000 Woodbury Road, Suite 102
Woodbury, NY

$15,000 fine

Respondent violated the Insurance Law by failing to notify the Superintendent in writing of its intention to enter into reinsurance agreements with its affiliates; and by granting stock options to officers without such stock options being submitted to and approved by its board of directors.

 

AGENT AND BROKERS’ HEARINGS

Region: Suffolk

LICENSEE

ADDRESS

PENALTY

Carol A. Bigelow
(Broker)

1 Jarvin Road
Port Jefferson Station, NY

License revoked

Respondent allegedly received a $400 premium deposit from an insured, on or about December 29, 1998, to which a temporary ID card was issued on behalf of Stargate Agency, Inc. as producer of record. In connection with the Department’s investigation concerning this matter, the Department wrote letters dated November 19 and December 16, 1999 to Respondent, directing her to furnish an explanation. Respondent failed to reply or otherwise cooperate with the Department.

LICENSEE

ADDRESS

PENALTY

David J. Peters
(Broker)
t/b/a David Peters Insurance
Brokers

760 Belmont Ave
W. Babylon, NY
Same as above

License revoked

By two stipulations with the Department, dated July 24, 1984 and December 28, 1993, respectively, Respondent admitted, among other things, that he issued premium checks that were dishonored by the upon which drawn, for which violation and other violations, he paid fines of $750 and $2,000, respectively. Respondent also agreed to take all necessary steps to prevent the recurrence of similar violations. In addition, Respondent was fined $500 following a Department hearing by the Superintendent’s Determination dated August 3, 1989, for issuing two dishonored premium checks. Respondent engaged in activity violate of said stipulated representations to the Department by again issuing premium checks that became dishonored by the bank upon which drawn. In June and December 1998, Respondent issued four dishonored premium checks totaling over $897, all of which have been replaced. Respondent has closed his premium checking account. License was revoked for failure to pay $3,000 fine for said infractions.

LICENSEE

ADDRESS

PENALTY

Jerold N. Rubin
(Broker)

55 Merrick Rd.
Copaigue, NY

License revoked

On January 15, 1999, Respondent executed a Stipulation with the Department and paid a fine of $2,500 and admitted he had deposited premium payments into his personal bank account and failed to remit premium payments to insurers, resulting in policy cancellations. Again, in February and March 1999, Respondent received premium payments from a client which he failed to remit to the insurer. Accordingly, Respondent breached the January 1999 stipulation.

Region: Nassau County

LICENSEE

ADDRESS

PENALTY

Lorna A. King
(Broker)

139-06 219th Street
Springfield Gardens, NY

License revoked

On or about October 22, 1999, the Department received a complaint letter alleging that the Respondent retained over $210 in commissions after an insurance policy was cancelled. The Department sent the Respondent three letters asking for explanation of the matter. To date Respondent has not replied to Department communications aforesaid, either in writing or otherwise. The Respondent’s failure to reply has impeded the Department’s investigation into this matter.

Region: Mid–Hudson

LICENSEE

ADDRESS

PENALTY

First National Brokerage Group Inc.
and
Earline A. Bethea
(Sublicensensee)

12 Bykenhulle Rd.
Hopewell Junction, NY
Same as above

License revoked

License revoked

Respondents provided an insured with an erroneous or low-ball premium quote which was lower than the actual premium. In connection with the Department’s investigation concerning this matter, the Department wrote letters dated March 15, April 8, May 6, and November 16, 1999 and March 21, 2000, to Respondents directing them to furnish an explanation. Respondents failed to reply, appear at Department, or otherwise cooperate with the Department.

Region: New York City

LICENSEE

ADDRESS

PENALTY

Angel C. Almonte
(Broker)

1770 Andrews Ave., #1A
Bronx, NY

License revoked

Respondent engaged in charging premium payments based on economic concern as to what the insured could afford rather than being based upon proper NYAIP underwriting requirements and allowing his wife to issue pre-signed temporary ID cards.

LICENSEE

ADDRESS

PENALTY

Danny Aybar
(Agent)

671 Brady Ave., Suite 2
Bronx, NY

$2,000 fine

Respondent failed to adequately supervise his unlicensed employee in connection with issuance of NYAIP temporary identification cards. Respondent failed to notify the Department of an address change thereby violating a Department Regulation.

LICENSEE

ADDRESS

PENALTY

Babalola Brokerage & General Merchants, Inc.
And
Oladipo S. Babalola
(Sublicensee)

617B Flatbush Ave.
Brooklyn, NY

2785 West 5th St., #3F
Brooklyn, NY

$650 fine

Respondent issued dishonored premium checks and commingled funds with should have been in separate premium and operating checking accounts. Respondent has now corrected this violation of commingling by setting up a separate checking account to pay non-premium expenses.

LICENSEE

ADDRESS

PENALTY

Ira H. Bronner
(Broker)
t/b/a I D Insurance

3836 Kings Highway
Brooklyn, NY

License revoked

In August 1998 and May 1999, Respondent issued two premium payments checks which were dishonored by the bank upon which drawn. Respondent was notified by the New York Automobile Insurance Plan ("NYAIP") to appear at a hearing held on May 19, 1999, but he failed to appear. The NYAIP decertified Respondent as a producer for one year beginning in June 1999, based upon his issuance of one of the aforesaid dishonored premium checks, seven deficient applications, and issuing five TML messages to effect coverage without submitting corresponding applications to the NYAIP or an explanation. License was revoked for failure to pay $3,500 fine for said infractions.

LICENSEE

ADDRESS

PENALTY

Munroe S. Francis Jr.
(Broker)

116-50 193rd Street
St. Albans, NY

License revoked

Respondent, a producer in the NYAIP, violated Rule 15A of the NYAIP by failing to repay over $219 for return commissions due the insurer since approximately December 1997. Said monies have been repaid by money order dated August 7, 2000. Respondent also failed to cooperate with the Department’s investigation and has provided no explanation as to why it took so long to repay the money. Respondent was fined $1,800 which he failed to pay thereby leading to a revocation of his license.

LICENSEE

ADDRESS

PENALTY

Martin F. Hughes
(Agent)

182 Norfeld Blvd.
Elmont, NY

License revoked

On May 15, 2000, Respondent was convicted on his plea of guilty, in Supreme Court, New York, of violation of Penal Law Section 105.10(1), Conspiracy in the Fourth Degree, and Penal Law Section 155.40(1), Grand Larceny in the Second Degree, both felonies. On July 7, 2000 Respondent was sentenced to incarceration for between two and six years.

LICENSEE

ADDRESS

PENALTY

Frances Obeda
(Broker)

840 Montgomery St., #1C
Brooklyn, NY

License revoked

During the approximate period of November 25, 1998 to May 1999, the Respondent allowed a revoked licensee to conduct an insurance business in her name and issue a New York Automobile Plan application and/or ID cards.

LICENSEE

ADDRESS

PENALTY

Tony Sealy
(Broker)

15 Ralph Avenue
Brooklyn, NY

License revoked

As a producer, Respondent was notified by NYAIP to appear at a hearing held on January 19, 2000, but he failed to appear. The NYAIP decertified Respondent as a producer for one year, based on his issuance of nine outstanding ID cards without corresponding applications and deposits, timely or at all, numerous deficient applications, one instance of fraudulent activity, and three producer performance standard violations. The Department, in connection with its investigation of Respondent’s conduct, wrote to Respondent by letters dated April 24, May 12 and June 21, 2000, requesting information including documentation showing that the unresolved NYAIP matters were corrected. Respondent’s failure to respond hampered and impeded the Department’s investigation.

LICENSEE

ADDRESS

PENALTY

Alex A. Zelaya
(Broker)

148-45 89th Avenue, # LB
Jamaica, NY

License revoked

By Stipulation dated November 25, 1998, Respondent admitted that he issued three insurance premium checks that were dishonored by the bank on which drawn. Respondent was fined $500 and agreed to take all necessary stops to prevent the recurrence of similar violations. As Respondent issued a dishonored premium check subsequent to said Stipulation, Respondent breached it. The Department wrote letters to Respondent requesting an explanation, copies of premium account bank statements, and proof that the dishonored checks were replaced. Respondent failed to reply, thereby hampering and impeding the Department’s investigation.

 

AGENTS AND BROKERS STIPULATIONS

Region: Westchester County

LICENSEE

ADDRESS

PENALTY

Paul Calderon, Jr.
(Sublicensee)
and
P&L Insurance Agency, Inc.

201 Ravine Ave., #5K
Yonkers, NY

379 South Broadway
Yonkers, NY

$2,000 fine

During the period April 1998 to January 1999, the Respondent issued 13 premium checks totaling over $4,677 which were dishonored by the bank upon which drawn, all checks were subsequently replaced. During the same period, Respondents issued premium checks from a checking account which was not properly entitled in violation of Department Regulation 29, 11 NYCRR 20.3.

LICENSEE

ADDRESS

PENALTY

Daniel V. Flynn & Son Inc.
(Sublicensee)
and
Richard A. Flynn, Jr.
(Sublicensee)
and
Barbara A. Scopelitti
(Sublicensee)
and
Marilyn A. Williams
(Agent)

477 Lexington Avenue
P.O. Box 300
Mount Kisco, NY
Same as above


51 Ward Avenue
Mount Kisco, NY

477 Lexington Avenue
P.O. Box 300
Mount Kisco, NY

$1,500 fine

On December 4, 1996 and February 12, 1997, Respondents issued Certificates of Insurance to their client, which represented that they were insured by ITT Hartford when in fact no insurance was ever purchased.

LICENSEE

ADDRESS

PENALTY

Kevin J. Lynch
(Agent)

145 W. Main Street
Stony Point, NY

$5,000 fine

The Respondent pled guilty to mail fraud and was sentenced to three years probation, 740 hours of community service and a $5,000 fine. The Respondent, a former trustee of the North Rockland County Central School District, in violation of the district’s Code of Ethics failed to disclosure his expectation of profit from an insurance contract sold to the school.

LICENSEE

ADDRESS

PENALTY

Kenneth M. Manfredi
(Agent)

7 Alden Way
Purdys, NY

$500 fine

On Respondent’s agent’s application for the period July 1999 to June 2001, the Respondent answered that he had not been convicted in any criminal action, when in fact he was convicted on January 8, 1993 of the "Offense of Retail Theft".

LICENSEE

ADDRESS

PENALTY

Mark Sherry
(Agent)

11 Balint Drive
Yonkers, NY

$1,000 fine

During the period of November 1, 1998 to June 24, 1999, the Respondent conducted insurance business as a broker under Section 2104 and as an excess line broker under Section 2105 of the Insurance Law after his authority to act as such had expired on October 31, 1998. The Respondent applied on June 24, 1999 for re-licensing under Sections 2104 and 2105.

LICENSEE

ADDRESS

PENALTY

Yeshiva Insurance Agency
and
Ronald E. Green
(Sublicensee)

P.O. Box 49
Monsey, NY

$500 fine

Between December 1994 and July 1995, the Respondents submitted two applications for health insurance coverage to International Medical Group, an entity not licensed by the Department.

Region: Buffalo

LICENSEE

ADDRESS

PENALTY

Anthony Gruka
(Agent)

1313 McKinley Pkwy
Buffalo, NY

$750 fine

On or about June 13, 1985, Respondent placed a life policy with Knights of Columbus, the insurer, on behalf of an insured. As part of the transaction, a loan was taken on an existing life insurance policy of the insured. The loan amounted to more than 50% of the tabular cash value and thus the transaction constituted "replacement of life insurance" as defined in Department Regulation 60. In connection with the foregoing transaction, and in violation of Department Regulation 60, Respondent failed to present to the insured a completed Regulation 60 disclosure form regarding replacement of life insurance and also failed to submit a completed disclosure statement signed by Respondent to the insurer.

Region: Suffolk

LICENSEE

ADDRESS

PENALTY

William P. Jackson
(Agent)

661 Commander Avenue
West Babylon, NY

$2,000 fine

On at least 12 occasions during 1995-1996, the Respondent solicited and/or sold medical insurance coverage on behalf of the Fidelity Group, Inc., an entity not licensed or authorized to do business in this State.

LICENSEE

ADDRESS

PENALTY

William F. Collis
(Agent)

27 Willow Lane
Wynantskills, NY

$1,947.14 fine

On August 6, 1987, Respondent placed a life policy with John Hancock Mutual Life Insurance Company, the insurer, on behalf of an insured. As part of the transaction, loans were taken out on two existing life insurance policies of the insured. The loans amounted to more than 50% of the tabular cash value of each existing life insurance policy and thus the transaction constituted "replacement of life insurance" as defined in Department Regulation 60. In connection with the foregoing transaction, and in violation of Regulation 60, Respondent failed to present to the insured a completed Regulation 60 disclosure form regarding replacement of life insurance and also failed to submit a completed disclosure statement signed by Respondent to the insurer.

LICENSEE

ADDRESS

PENALTY

James R. Langley, Jr
(Agent)

15 Ormsby Circle
Peru, NY

$500 fine

On January 11, 1995, the Respondent improperly endorsed a premium refund check payable to an insured. The proceeds were used, in part, to improperly offset monies owed to the Respondent by the insured and the remainder was applied to another policy owed by the insured.

LICENSEE

ADDRESS

PENALTY

Ross D. Lounsbury
(Agent)

25 Shadow Wood Way
Ballston Lake, NY

$1,124 fine

On November 13, 1985, Respondent placed a life policy with Metropolitan Life Insurance Company, the insurer, on behalf of an insured. As part of said transaction, Respondent advised the insured to surrender an existing life insurance policy with American General Life Insurance without benefit of a comparison. In connection with the foregoing transaction and in violation of Regulation 60, Respondent failed to present to the insured a completed Regulation 60 disclosure form regarding replacement of life insurance and also failed to submit a completed disclosure statement signed by Respondent to the insurer.

Region: Nassau County

LICENSEE

ADDRESS

PENALTY

Ruth Bebell
(Agent)

111-20 76th Rd., #6G
Forest Hills, NY

$1,500 fine

On at least three occasions on/or about August 1, 1996, the Respondent solicited and/or sold in the State of New York medical insurance coverage on behalf of the Fidelity Insurance Group, Inc. an entity not licensed to do insurance business in this State.

LICENSEE

ADDRESS

PENALTY

Country Inn Insurance Agency
and
Joseph F. Quinn
(Sublicensee)

100 S. Main St., Suite 204
Sayville, NY
Same as above

$1,000 fine

On May 21, 1999, Respondents issued a premium payment check an amount over $50,394 to an insurer. The check was dishonored by the bank on which it was drawn but was subsequently replaced. During the period May 4, 1999 to May 14, 1999, the Respondent commingled their premium funds by paying personal and/or business expenses from their premium account.

LICENSEE

ADDRESS

PENALTY

John A. Distefano
(Agent)

876 Linstead Lane
N. Bellmore, NY

$750 fine

On June 19, 1997, Respondent submitted to Mutual of Omaha Insurance Company ("the insurer’), an application for disability insurance on behalf of an insured. Respondent signed the insured’s name on the "Authorization to Release Information Form" without indicating that he, rather than the insured, had actually signed the form. During the period of February 6, 1998, Respondent submitted to the insurer an application for disability insurance on behalf of an insured. Respondent signed the insured’s name on the "Bank Service Plan Request Form" and "Supplement to Application Form" without the insured’s knowledge and consent.

LICENSEE

ADDRESS

PENALTY

Patrice A. Kaul
(Agent)

11 Marine Street
Huntington, NY

$500 fine

Respondent admits that she demonstrated untrustworthiness and/or incompetence within the meaning of Section 2110 of the Insurance Law in that: on Respondent’s application for an agents license in October 1999, Respondent answered in the negative all questions regarding suspension of prior licenses. However, the Respondent’s license was suspended in December 1997 by the Illinois Insurance Department due to her failure to pay her income tax liability in 1990 and failure to file an income tax return in 1995. Respondent subsequently provided the Department with documentation showing the Respondent’s tax liability has been paid in full.

LICENSEE

ADDRESS

PENALTY

Parviz Kohanbash
(Agent)

21 Oxford Blvd.
Great Neck, NY

$250 fine

On September 1, 1997 on two occasions, the Respondent solicited and/or sold in the State of New York medical insurance coverage on behalf of the Fidelity Insurance Group, Inc. an entity not licensed to do insurance business in this State.

LICENSEE

ADDRESS

PENALTY

Raymundo A. Organo
(Agent)

86-45 St. James Avenue, #1N
Elmhurst, NY

$1,000 fine

Respondent admits that he has violated Section 2117 of the Insurance Law in that, in 1997 and 1998, he solicited and/or sold 13 policies for the Fidelity Group, Inc., an entity not licensed or authorized to do an insurance business in this State.

LICENSEE

ADDRESS

PENALTY

Irwin Schwartz
(Agent)

61-20 Grand Central Parkway, #A1201
Forest Hills, NY

$250 fine

In 1996, the Respondent solicited and/or sold in the State of New York a medical insurance policy on behalf of the Fidelity Insurance Group, an entity not licensed to do insurance business in this State.

Region: New York City

LICENSEE

ADDRESS

PENALTY

Hal Akyar
TBA Kent Insurance Brokerage

2709 Ocean Avenue
Brooklyn, NY

$1,000 fine

On September 16, 1999, the Respondent’s certification to produce insurance for the New York Automobile Plan ("Plan") was revoked for violating Plan rules. The Respondent has corrected all outstanding violations and his certification to produce for the Plan has been reinstated.

LICENSEE

ADDRESS

PENALTY

Julia Battaglia
(Agent)

157-50 86th Street
Howard Beach, NY

$500 fine

In Respondent’s initial application for an agent’s license for the period of June 1, 1998 to June 30, 1999, Respondent failed to disclose the fact that she had a prior conviction for attempted petit larceny which occurred on September 23, 1997.

LICENSEE

ADDRESS

PENALTY

Cruiseland Brokerage, Inc.
and
Cruz Vazquez
(Sublicensee)

1354B White Plains Rd.
Bronx, NY
Same as above

$500 fine

On October 10, 1997, the Respondent’s certification to produce insurance for the New York Automobile Insurance Plan ("Plan") was revoked for the following Plan violations: deficient applications, reports of fraudulent activities and producer standards violations.

LICENSEE

ADDRESS

PENALTY

Matthew C. Fine
(Agent)

1509 Second Ave, #2
New York, NY

License revoked

On April 19, 2000 the Respondent was convicted, based on a guilty plea, of Insurance Fraud and was sentenced to a conditional discharge and restitution in the amount of $46,000. In addition, he failed to provide the Department with a full statement of the facts leading to the conviction.

LICENSEE

ADDRESS

PENALTY

Herby Joseph
(Broker)

559 Utica Avenue
P.O. Box 30391
Brooklyn, NY

$1,000 fine

In October and December 1998, the Respondent issued six insurance premium checks, totaling over $1,438 that were dishonored by the bank upon which drawn, but were subsequently replaced.

LICENSEE

ADDRESS

PENALTY

Mitchel N. Kessler
(Agent)

1828 East 34th Street
Brooklyn, NY

$5.000 fine

On July 15, 1998, the Respondent collected an insurance premium in the amount of $10,000 from his client which he failed to remit to the insurer or otherwise account for. The monies were returned to the insurer on January 10, 2000 after the insurer repaid the insured and a complaint was filed with the Department. By letter dated August 25, 1999, the Respondent informed the Department that the premium was repaid, when in fact no payment was remitted to the insurer until January 10, 2000. On October 18, 1999, the Respondent issued an insurance premium transmittal check in the amount of $340 that was dishonored by the bank upon which drawn, but was subsequently replaced. Between April 1, 1998 to January 31, 2000, the Respondent commingled his premium account by paying business and personal expenses from his premium funds.

LICENSEE

ADDRESS

PENALTY

Michael A. Laster
(Agent)

394 Balcom Avenue
Bronx, NY

$2,500 fine

Between 1990 and 1996, the Respondent misappropriated over $5,429 in premium monies collected from his client. The monies were subsequently repaid to the insurer.

LICENSEE

ADDRESS

PENALTY

Oneida Marte
(Broker)

1 Sickles Street, #B21
New York, NY

$2,000 fine

Between August 1, 1999 and January 31, 2000, the Respondent issued five insurance premium checks, totaling over $1,820 that were dishonored by the bank upon which drawn but were subsequently replaced. The Respondent commingled her premium account by paying personal and office expenses with premium monies.

LICENSEE

ADDRESS

PENALTY

Melanie Martin
(Broker)

992 Findlay Avenue, #2
Bronx, NY

$1,000 fine

On or about August 17, 1998, Respondent allowed her secretary, a person not licensed by the Department to transact insurance business on her behalf.

LICENSEE

ADDRESS

PENALTY

Zev Retek
(Agent)

1447 48th Street
Brooklyn, NY

$500 fine

For the period July 1997 to July 1999, the Respondent maintained an insurance office in the State of New York although he was solely licensed as a non-resident agent pursuant to Section 2101(d) of the Insurance Law. Respondent now holds a resident agent’s license.

LICENSEE

ADDRESS

PENALTY

Rudolfo G. Sanchez
(Agent and Broker)

144-80 Sanford Ave, #4K
Flushing, NY

$1,000 fine

During the period July 1, 1999 to July 19, 2000, the Respondent issued six insurance premium transmittal checks totaling over $2,089 that were dishonored by the bank upon which they were drawn, but were subsequently replaced. For the same period Respondent commingled premium funds by paying personal and/or business expenses form his premium account.

LICENSEE

ADDRESS

PENALTY

Solo Brokerage Inc.
and
Octavio D. Melendez
(Sublicensee)

632 Grand Street
Brooklyn, NY
MGO Brokerage Inc
95-03 Roosevelt Ave
Jackson Heights, NY

$2,000 fine

Between April 1, 1998 and March 31, 1999, the Respondents issued twelve insurance premium transmittal checks totaling over $3,150 which were dishonored by the bank upon which drawn and were subsequently replaced.

LICENSEE

ADDRESS

PENALTY

Constantine N. Spence
(Agent and Broker)
and
t/b/a Samgreen Agency

749 East 231st Street
Bronx, NY

Same as above

$5,000 fine

Between April 1997 and January 1999, the Respondent violated New York Automobile Insurance Plan rules, for which his certification to produce insurance was revoked on or about April 20, 2000. Between July 1997 and January 1999, the Respondent submitted 13 applications to the Plan that misrepresented the nature of the risk and grossly underestimated the actual cost of the policies. The Respondent has entered into an agreement with the insurer to repay the premium deficiency.

LICENSEE

ADDRESS

PENALTY

Star Taxi Insurance Brokerage Inc.
and
Andrea Abitbol
(Broker)

62 Ninth Avenue
New York, NY
Same as above

$1,000 fine

On December 1999, the Respondents received a returned premium due their client that they improperly offset against a personal loan made by the Respondents to the client. The Respondents have since repaid the full amount of the return premium. On June 7 and July 1, 1999, the Respondents collected premium totaling over $754 although the underlying policy was cancelled in May 1999 for underwriting reasons. The premiums were returned to the insured in August 1999.

LICENSEE

ADDRESS

PENALTY

Igor Tabak
(Agent)

97 Corona Avenue
Staten Island, NY

$500 fine

In December 1998, the Respondent signed the name of his client to life insurance disclosure statement without the knowledge or consent of the client. The insurer subsequently rescinded the policy.

LICENSEE

ADDRESS

PENALTY

Vladimir Zelikovsky
(Agent)

142 Bay 44th St., 2nd Floor
Brooklyn, NY

$2,500 fine

Between March 1997 and January 1998, the Respondent solicited and/or sold in the State of New York medical insurance coverage on behalf of Fidelity Insurance Group, Inc. an entity not licensed to do insurance business in this State.

Region: Out of State

LICENSEE

ADDRESS

PENALTY

Christopher Gent
(Agent)

38 Banbury Lane
West Hartford, CT

$500 fine

On his June 6, 2000 licensing application, the Respondent answered in the negative to a question on if he had ever been refused a license or had an existing one revoked by any state or government agency. Contrary to his application response, his insurance license was revoked on October 5, 1998 by the Ohio Insurance Department because the Respondent failed to meet the Ohio continuing education requirements.

LICENSEE

ADDRESS

PENALTY

Marisela Grullon
(Broker)

1906 Paterson Plank Rd.,#3C
P.O. Box 689
North Bergen, NJ

License revoked

Between January 1, 1999 and June 30, 1999, the Respondent issued two insurance premium transmittal checks totaling over $750 that were dishonored by the bank upon which drawn but were subsequently replaced. On September 12, 1999, the Respondent collected an insurance premium payment from her client in the amount of $191. To date, the Respondent has failed to remit the money to the insurer, return it to the insurer or otherwise account therefore.

LICENSEE

ADDRESS

PENALTY

Jordan Y. Muchnick
(Agent)

100 Roscommon Dr.
Middletown, CT

$500 fine

On Respondent’s application dated October 9, 1998 for an insurance agent’s license, Respondent failed to disclose the fact that on October 5, 1998 the Ohio State Department of Insurance had revoked his insurance license.

LICENSEE

ADDRESS

PENALTY

Carol V. Preszler
(Agent)

600 N. Highway 281
Aberdeen, SD

License revoked

On Respondent’s renewal application for the period July 1, 1999 to June 30, 2001, the Respondent stated that since filing her last application she had not been convicted in any criminal action. In fact, she was convicted on or about January 12, 1998 in the State of North Dakota for "Issuing a Bad Check" and was sentenced to 30 days incarceration and suspended.

LICENSEE

ADDRESS

PENALTY

Alex E. Sigalus
c/o Met Life
(Agent)

K-011 Cap Plaza, Suite 360
485B Rte 1
Middleses, NJ

$1,624 fine

In 1996 and 1997, Respondent solicited and/or sold four policies for the Fidelity Group, Inc, an entity not licensed or authorized to do an insurance business in this State.

LICENSEE

ADDRESS

PENALTY

Fernando Valente
c/o Phoenix Home Life
(Agent)

55 Madison Avenue
P.O. Box 1984
Morristown, NJ

$500 fine

On Respondent’s 1991 agent’s application he stated that he had never been convicted in any criminal action. In fact in February 1985 he pled guilty to one count of "Possession of a Controlled Substance" and was sentenced to two years probation and a $250 fine.

 

FINES FOR LATE FINANCIAL STATEMENTS

        The following health maintenance organizations (HMOs) and other insurers have been fined for late submission of the Annual Statements & CPA Report Submissions.

LICENSEE

ADDRESS

PENALTY

Cigna HealthCare of New York

499 Washington Blvd. – 5th Floor
Jersey City, NJ

$750 fine

LICENSEE

ADDRESS

PENALTY

GHI HMO Select, Inc.

441 Ninth Ave.
- 8th Floor
New York, NY

$750 fine

LICENSEE

ADDRESS

PENALTY

Metroplus Health Plan

11 West 42nd Street
New York, NY

$500 fine

LICENSEE

ADDRESS

PENALTY

Physicians Health Service

One Far Mil Crossing
PO Box 904
Shelton, CT

$1,250 fine

LICENSEE

ADDRESS

PENALTY

Univera Healthcare – Southern Tier, Inc.

205 Park Club Lane
Buffalo, NY

$18,750 fine

 


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