LICENSEE

ADDRESS

PENALTY

AIU Insurance Company

$53,650 fine

Respondent violated various provisions of Department Regulations 68 and 64, including late payments of claims; inappropriate calculation of interest rates on late PIP payments, improper determinations of total loss; and failure to properly notify the National Insurance Crime Bureau of theft losses and certain salvage sales. Respondent also violated a Regulation 79 provision that requires use of inspection reports and photographs in the settlement of all unrecovered theft claims.

LICENSEE

ADDRESS

PENALTY

American Centurion Life Assurance Company

$10,000 fine

Respondent violated Section 1505(d) (3) of the Insurance Law by utilizing an affiliate’s services without the prior notification to the Superintendent. In addition, Respondent violated Regulation No. 34A by using words in its advertisements that are deemed to be misleading and deceptive.

LICENSEE

ADDRESS

PENALTY

$12,050 fine

Respondent violated provisions of Regulation 68, 64 and 79. The violations include failure to appropriately pay lost wages claims, failure to properly notify the National Insurance Crime Bureau for certain property damage claims, and failure to use an inspection report to document previous damage to an automobile or its prior condition.

LICENSEE

ADDRESS

PENALTY

$28,400 fine

Violated Section 317 of the Insurance Law and the reporting requirements of Article 6 of the Vehicle and Traffic Law and 15 NYCRR 34.5 by failing to successfully complete the initial load of automobile liability insurance data to DMV by September 12, 2000, and by failing to commence ongoing reporting of such data by September 13, 2000.

LICENSEE

ADDRESS

PENALTY

Church Insurance Company

$10,100 fine

LICENSEE

ADDRESS

PENALTY

Coregis Insurance Company

$50,525 fine

Between October 1, 1999 and March 31, 2000, Respondent violated provisions of several regulations, including a requirement to charge filed rates (Regulation 57), requirements that rating plans that permit premium debits and credits on commercial policies, can only be applied to policies of a specified size (Regulation 129); requirements that rating plan modifications do not exceed prescribed limits (Regulation 129); and requirements that fire losses over $1,000 be reported to the Property Insurance Loss Register (PILR) within five days of notice of loss (Regulation 96).

LICENSEE

ADDRESS

PENALTY

Equitable Life Assurance Society of the United States

$5,000 fine

Respondent violated Section 91.5 of Department Regulation 33 (11 NYCRR 91.5) by using an unapproved plan to allocate income in its 1999 annual statement.

LICENSEE

ADDRESS

PENALTY

Everest National Insurance Company

$17,850 fine

Violated Section 317 of the Insurance Law and the reporting requirements of Article 6 of the Vehicle and Traffic Law and 15 NYCRR 34.5 by failing to successfully complete the initial load of automobile liability insurance data to DMV by September 12, 2000, and by failing to commence ongoing reporting of such data by September 13, 2000.

LICENSEE

ADDRESS

PENALTY

Farm Family Life Insurance Company

$10,000 fine

Respondent violated Section 215.5 (c) of Department Regulation No. 34 by not including the required statement in its disability income product advertisements; violated Section 215.17(a) of Department Regulation 34 by not indicating the manner and extent of distribution for certain prospecting letters; and violated Section 219.5(a) of Department Regulation 34-A by not maintaining specimen copies of certain advertisements in its advertising file.

LICENSEE

ADDRESS

PENALTY

$100,000 fine

Respondent violated numerous provisions of the Insurance Law and Department regulations. Violations included a failure to maintain a complete file of advertisements at the Respondent’s home office (Regulation 34A); the approval of an incentive compensation plan for principal officers that was issued by a committee that included an officer of the Respondent (Section 1202(b)(2) of the Insurance Law); failures to comply with written informal consent requirements for HIV testing (Section 2611 of the Insurance Law); and the use of different underwriting criteria for individuals of the same class (Section 4242(a)(1), (3207(c), 3209(c) Regulation 74, 3211(g), 3227(a)).

LICENSEE

ADDRESS

PENALTY

Fidelity & Deposit Company of Maryland

$13,200 fine

Respondent violated Section 317 of the Insurance Law and the reporting requirements of Article 6 of the Vehicle and Traffic Law and 15 NYCRR 34.5 by failing to successfully complete the initial load of automobile liability insurance data to DMV by September 12, 2000, and by failing to commence ongoing report of such data by September 13, 2000.

LICENSEE

ADDRESS

PENALTY

Health Insurance Plan of Greater New York

$185,500 fine

With respect to certain expenses incurred in connection with residential apartments and automobiles leased by HIPNY and/or its subsidiary, HIP of Florida, during the approximate period May 1998 through November 1999, Respondent violated Section 1505(a)(3) and (b) of the Insurance Law by (i) failing to allocate such expenses on an equitable basis in conformity with customary accounting practices consistently applied; and (ii) failing to maintain books, accounts and records so as to clearly and accurately disclose the nature and details of the lease transactions including such accounting information as is necessary to support the reasonableness of the charges and expenses. Respondent also violated 307(a)(l) of the Insurance Law by failing to properly report in its 1997 and 1998 Schedule G all compensation received by members of the Company’s Board of Directors.

LICENSEE

ADDRESS

PENALTY

IDS Life Insurance Company of New York

$10,000 fine

Respondent violated Section 2114 (a)(1) of the Insurance Law, by paying commissions to agents who were not its licensed life insurance agents. Respondent violated Section 4224 (c) of the Insurance Law by waiving the contractual surrender charges on certain policies as an inducement to purchase a new policy with Respondent.

LICENSEE

ADDRESS

PENALTY

Liberty Mutual Insurance Company

$80,190 fine

During 1999, the Respondent violated various provisions of Regulation 68 and Regulation 64, including failure to pay or deny claims within 30 calendar days of receipt of relevant information and/or proof of claim; failure to pay appropriate interest for late no-fault benefit payments; failure to acknowledge or pay claim within 15 business days of receipt of notice of claim; and failure to provide written offers within 10 business days of completing an investigation.

LICENSEE

ADDRESS

PENALTY

Liberty Mutual Fire Insurance Company

Same as above

$62,920 fine

During 1999, the Respondent violated various provisions of Regulation 68, Regulation 64 and Regulation 79, including failure to pay or deny claim within 30 calendar days of receipt of relevant information and/or proof of claim; failure to pay appropriate interest for late no-fault benefit payments, failure to timely inform insured of the right to be reimbursed for travel expenses related to loss of use of the damaged vehicle; and that inspection reports and photographs must be used and made part of the claim file in the settlement of all unrecovered theft claims.

LICENSEE

ADDRESS

PENALTY

Maryland Casualty Company

$6,800 fine

LICENSEE

ADDRESS

PENALTY

Northern Insurance Company of New York

Respondent violated Section 317 of the Insurance Law and the reporting requirements of Article 6 of the Vehicle and Traffic Law and 15 NYCRR 34.5 by failing to successfully complete the initial load of automobile liability insurance data to DMV by September 12, 2000, and by failing to commence ongoing reporting of such data by September 13, 2000.

LICENSEE

ADDRESS

PENALTY

Penn-America Insurance Company

$14,650 fine

Respondent violated Section 317 of the Insurance Law and the reporting requirements of Article 6 of the Vehicle and Traffic Law and 15 NYCRR 34.5 by failing to successfully complete the initial load of automobile liability insurance data to DMV by September 12, 2000, and by failing to commence ongoing reporting of such data by September 13, 2000.

LICENSEE

ADDRESS

PENALTY

Polish National Alliance of Brooklyn USA

$5,000 fine

LICENSEE

ADDRESS

PENALTY

Protective Insurance Company

$14,500 fine

Respondent violated Section 317 of the Insurance Law and the reporting requirements of Article 6 of the Vehicle and Traffic Law and 15 NYCRR 34.5 by failing to successfully complete the initial load of automobile liability insurance data to DMV by September 12, 2000, and by failing to commence ongoing reporting of such data by September 13, 2000.

Unity Mutual Life Insurance Company

$20,000 fine

Respondent violated Section 51.7(b) of Department Regulation No. 60 [11 NYCRR 51.7 (b)] by failing to closely monitor its agents’ annuity replacement business; Respondent violated Section 51.6 (b)(6) of Department Regulation No. 60 [11NYCRR 51.6 (b)(6)] by failing to maintain copies of the notification of replacement to the insurer whose life insurance policy was replaced; Respondent violated Section 3207 (c) of the Insurance Law by issuing life insurance policies to juveniles for amounts in excess of limits; and Respondent violated Section 2611 of the Insurance Law by failing to obtain signed and/or dated written consent forms prior to performing HIV related tests.

LICENSEE

ADDRESS

PENALTY

Valiant Insurance Company

$1,900 fine

Respondent violated Section 317 of the Insurance Law and the reporting requirements of Article 6 of the Vehicle and Traffic Law and 15 NYCRR 34.5 by failing to successfully complete the initial load of automobile liability insurance data to DMV by September 12, 2000, and by failing to commence ongoing reporting of such data by September 13, 2000.

LICENSEE

ADDRESS

PENALTY

Zurich American Insurance Company

$73,800 fine

Respondent violated Section 317 of the Insurance Law and the reporting requirements of Article 6 of the Vehicle and Traffic Law and 15 NYCRR 34.5 by failing to successfully complete the initial load of automobile liability insurance data to DMV by September 12, 2000 and by failing to commence ongoing reporting of such data by September 13, 2000.

LICENSEE

ADDRESS

PENALTY

License revoked

Respondent advised a client to replace an existing life insurance policies with two new policies and an annuity from another company. Respondent failed to inform client that additional premiums would be due, failed to remit full premium to the new insurer causing policies to lapse, and did not properly notify the new insurer that such policies were replacements. Respondents pled guilty to Petit Larceny, a Class A misdemeanor in a criminal court proceeding on February 2000. Respondents also sold 23 insurance policies between 1996 and 1998 after his agent license had expired.

LICENSEE

ADDRESS

PENALTY

Douglas D. Skinner
(Agent)

15 Maryvale Drive
Apalachin, NY

License revoked

Respondent advised a client to replace an existing life insurance policies with two new policies and an annuity from another company. Respondent failed to inform client that additional premiums would be due, failed to remit full premium to the new insurer causing policies to lapse, and did not properly notify the new insurer that such policies were replacements. Respondents pled guilty to Petit Larceny, a Class A misdemeanor in a criminal court proceeding on February 2000. Respondents also sold 23 insurance policies between 1996 and 1998 after his agent license had expired.

LICENSEE

ADDRESS

PENALTY

License revoked

Ms. Rosa violated NYAIP’s rules by issuing three temporary ID cards to New York Automobile Insurance Plan (NYAIP). As a result, Ms. Rosa’s certification to produce insurance was suspended and she was fined $500 by the Insurance Department and agreed to take all necessary steps to prevent the recurrence of similar violations. She subsequently was allegedly involved in two similar incidents and failed to respond to letters from the Department investigating the incidents.

LICENSEE

ADDRESS

PENALTY

License revoked

Mr. Dey was convicted three times upon pleas of guilty in California courts in 1997 and 1999 for various felony and misdemeanor crimes, including burglary, receiving and concealing stolen property and writing checks with insufficient funds. Department wrote letters to Mr. Dey requesting information about his various convictions. Respondent failed to reply to said letters, thereby hampering and impeding the Department’s investigation.

LICENSEE

ADDRESS

PENALTY

$2,200 fine

Mr. Marchese entered into a Stipulation with the Department for having, among other things, issued dishonored checks. In addition, during 1998-1999, Mr. Marchese used the same checking account to issue both premium and operating or personal expense checks.

LICENSEE

ADDRESS

PENALTY

License revoked

Mr. Feliz inappropriately allowed an individual to use another individual’s name in submitting an application to the NYAIP. Mr. Feliz also issued numerous checks that were subsequently dishonored and used a premium trust account to pay operating expenses.

LICENSEE

ADDRESS

PENALTY

License revoked

As a producer, Ms. Garcia was notified by the New York Automobile Insurance Plan (NYAIP) to appear at a hearing on January 19, 2000, but failed to appear. The NYAIP decertified Ms. Garcia as a producer in February 2000, based upon her issuing ID cards used to obtain registrations without submitting applications, issuing three deficient applications, one incident of suspected fraudulent activity, and one producer performance standard violation, all occurring in 1999.

LICENSEE

ADDRESS

PENALTY

$1,000 fine

Mr. Bhramdat issued seven checks which were dishonored by the bank upon which drawn. The checks were subsequently replaced in two installments.

LICENSEE

ADDRESS

PENALTY

$1,200 fine

By a previous Stipulation with the Department, Mr. Grandoit admitted that in 1994 he issued two premium checks dishonored by the bank upon which drawn, for which violation, he paid a $500 fine. Mr. Grandoit also agreed to take all necessary steps to prevent the recurrence of similar violations. In May 1999, Mr. Grandoit issued three premium checks which were dishonored by the bank. The checks were fully replaced.

LICENSEE

ADDRESS

PENALTY

License revoked

Violated several New York Automobile Insurance Plan (NYAIP) rules such as in June and on two dates in December 1998, Mr. Hutchinson submitted three fraudulent NYAIP applications for a purported insured without knowledge or authorization of said insured. Mr. Hutchinson wrote a false letter to the Department claiming that said insured was his client.

LICENSEE

ADDRESS

PENALTY

License revoked

Respondent submitted 80 applications for individual life insurance on the lives of 48 New York residents with an insurer not licensed in New York State. He certified to the insurer that each application had been taken and executed in Lakewood, New Jersey, when in fact they were executed in Brooklyn, NY. Respondent also issued approximately $262,000 in checks to insurer that were dishonored. The Respondent had paid a $100,000 civil penalty in1985 for similar violations.

LICENSEE

ADDRESS

PENALTY

Mahboob A. Chaudhry
(Broker)

100 Montgomery Street
Brooklyn, NY

License revoked

Respondent failed to remit premium monies to an insurer for an automobile policy, and as a result the insurance policy was cancelled for nonpayment of premium. Respondents failed to respond to numerous letters from the Department regarding this and unrelated complaints.

LICENSEE

ADDRESS

PENALTY

Ada Kholodivker
(Broker)

72 Coleridge Street
Brooklyn, NY

License revoked

Respondents on two occasions failed to remit premium monies in a timely fashion to either the insurer or their client. Respondents also hampered and impeded the Department’s investigation.

LICENSEE

ADDRESS

PENALTY

Same as above

$3,000 fine

Mr. William’s client filed a complaint against him relating to an alleged misappropriation of certain motor vehicle documents to register an automobile that she did not own. Mr. Williams did not respond to Department inquiries and therefore impeded the Department’s investigation.

LICENSEE

ADDRESS

PENALTY

Same as above

License revoked

On several occasions, Mr. Mahadeo collected premium monies from insureds and failed to remit such premiums to insurers. As a result of these activities, Mr. Mahadeo was convicted of one count of Petit Larceny and was sentenced to three years probation and required to pay restitution.

LICENSEE

ADDRESS

PENALTY

$1,440 fine

Mr. Gnagnarelli replaced a Metropolitan Life Insurance policy with another policy from the same company. He answered the application’s replacement question in the negative and failed to complete the required disclosure form.

LICENSEE

ADDRESS

PENALTY

$1,000 fine

Ms. Batista issued four checks that were dishonored by the bank but were subsequently replaced and commingled funds in her insurance premium account. Respondent had been previously disciplined by the Department.

LICENSEE

ADDRESS

PENALTY

Richard W. Rosenka,
(Agent & Broker)

101 Sylvan Avenue
Miller Place, NY

$1,000 fine

LICENSEE

ADDRESS

PENALTY

Stephen M. Putterman,
(Sublicensee)

182 Parkway Drive
Roslyn Heights, NY

$1,000 fine

Respondents acted or aided an unauthorized insurer in violation of Section 2117 of the Insurance Law.

LICENSEE

ADDRESS

PENALTY

$500 fine

In August 1999, Mr. Holmes submitted an agent’s license application wherein he answered Question 8(A) "Have you …been …adjudged bankrupt?" in the negative, when in fact, he had been adjudged bankrupt in 1997.

LICENSEE

ADDRESS

PENALTY

$750 fine

Mr. Lincourt placed a Medicare supplement policy with the American Progressive Health and Life Insurance Company on behalf of his client. Said policy replaced an existing Medicare supplement policy purchased from First United American. Prior to replacement, Mr. Lincourt failed to compare and review the policies as required by Regulation 62 and as a result made misleading and inaccurate representations on the completed "Statement to Applicant".

LICENSEE

ADDRESS

PENALTY

Robert B. King,
(Sublicensee)

Same as above

$12,500 fine

During the period of March 1997 to February 1999, Mr. King acted for or aided an unauthorized insurer in violation of Section 2117 of the Insurance Law.

LICENSEE

ADDRESS

PENALTY

Debra A. Curio,
(Sublicensee)

Same as above

$75,470 fine

Respondent filed affidavits on insurance business it did not personally place in violation of Section 2118 of the Insurance Law and Department Regulation 41. In connection with the foregoing, Respondent filed late affidavits on the insurance business in violation of Section 2118 of the Insurance Law and Department Regulation 41.

LICENSEE

ADDRESS

PENALTY

Jason J. Reid,
(Broker)

314 W. 231 Street
Bronx, NY

$1,000 fine

Respondents violated the rules of the New York Automobile Insurance Plan and failed to answer the Department’s requests for information and documentation, thereby hampering and impeding the Department’s investigation. The Respondents have now complied with the Department’s requests.

LICENSEE

ADDRESS

PENALTY

$1,500 fine

Ms. Lopez issued 14 insurance premium checks, totaling over $4,000 that were dishonored by the bank but were subsequently replaced. Ms. Lopez also commingled funds by paying personal and/or business expenses from her premium account.

LICENSEE

ADDRESS

PENALTY

$4,000 fine

On at least 35 occasions, Ms. Malakhova solicited and/or sold in the State of New York medical insurance coverage on behalf of the Fidelity Insurance Group, an entity not licensed to conduct insurance business in this State.

LICENSEE

ADDRESS

PENALTY

$5,000 fine

During the period of February 1996 to February 1999, Ms. Parris issued 48 premium checks totaling over $19,000 which were dishonored by the bank. All checks were subsequently replaced.

LICENSEE

ADDRESS

PENALTY

Timothy M. Sheahan,
(Broker)

Franklin Square, NY
Same as above

$2,500 fine

The Respondents used service fee agreements which inaccurately characterized the relationship between the Respondents and the insurer.

LICENSEE

ADDRESS

PENALTY

$500 fine

On his 1990 insurance adjuster’s renewal application, Mr. Zahn answered Question 3(b) "have you… ever compromised liabilities with creditors, been insolvent or adjudged bankrupt?" in the negative when, in fact, he was adjudged bankrupt on August 31, 1988.

LICENSEE

ADDRESS

PENALTY

$500 fine

Ms. Villamar issued ten insurance premium checks totaling over $2,500 that were dishonored by the bank but were subsequently replaced.

LICENSEE

ADDRESS

PENALTY

License revoked

On his 1998 licensing application, he answered question 6 C, "Have you…been refused a licensed by …any state or government agency or authority?" in the negative, when in fact, the Missouri Insurance Department denied Mr. Horton an insurance producer license because he failed to cooperate with their request for information.

LICENSEE

ADDRESS

PENALTY

$4,000 fine

Mr. Miller solicited two insurance policies for Equitable of Colorado to New York residents in New York State. Equitable of Colorado is not licensed in New York State.

LICENSEE

ADDRESS

PENALTY

License revoked

On his insurance agent application answered Question 8 b, "Have you… been .. adjudged a bankrupt?" in the negative, when in fact, he was adjudged bankrupt on May 23, 1990 by the United States Bankruptcy Court, Northern District of Iowa.

LICENSEE

ADDRESS

PENALTY

$500 fine

On his July 1, 1995 to June 30, 1997 insurance agent’s license application, Mr. Young answered Question 8(b), "Have you …ever been… insolvent or adjudged bankrupt?" in the negative, when in fact he declared bankruptcy in 1991.