New York State
Insurance Department


ISSUED:6/25/02

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.

INSURANCE COMPANIES

LICENSEE

ADDRESS

PENALTY

Allcity Insurance Company

335 Adams Street
Brooklyn, NY

$12,750 fine

The Company violated Section 3425(f)(1)&(2) of the Insurance Law in that it exceeded the number of private passenger automobile non-renewals permitted for that calendar year.

LICENSEE

ADDRESS

PENALTY

Blue Ridge Indemnity Company

86 Hopmeadow St.
Simsbury, CT

$24,375 fine

The Company violated Section 3425(f) (1) & (2) of the Insurance Law in that it exceeded the number of private passenger automobile non-renewals permitted for that calendar year. 

LICENSEE

ADDRESS

PENALTY

Blue Ridge Insurance Companies 86 Hopmeadow Street
PO Box 519
Simsbury, CT

$9,750 fine

The company violated Section 3425 (f) (1) & (2) of the Insurance Law in that it exceeded the number of private passenger automobile non-renewals permitted for that calendar year.

LICENSEE

ADDRESS

PENALTY

CIGNA Life Insurance Company of New York 140 East 45th Street
39th Floor
New York, NY

10,000 fine

The company violated Section 243.2 of Department Regulation 152 (11 NYCRR 243.2) by failing to maintain underwriting files for statutory disability files issued during the examination period.

LICENSEE

ADDRESS

PENALTY

Coregis Insurance Company

5200 Metcalf Avenue
Overland Park, KS

$17,000 fine

The company 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

Empire Insurance Company

335 Adams Street
Brooklyn, NY

$2,750 fine

The company violated Section 3425 (f) (1) & (2) of the Insurance Law in that it exceeded the number of private passenger automobile non-renewals permitted for that calendar year.

LICENSEE

ADDRESS

PENALTY

Eveready Insurance Company

59 Maiden Lane
New York, NY

$10,850 fine

For the period September 1, 1999 through August 31, 2000, the company violated the following provisions of the Insurance Law and/or Department Regulations: Section 5106 of the Insurance Law and Regulation 68, which requires that payment or denial of claim must be made within 30 calendar days of receipt of relevant information and/or proof of claim; Section 5106 of the Insurance Law and Regulation 68, which require that all overdue personal injury protection benefits must have a 2% interest rate compounded and calculated on a 30 day pro-rata basis; Regulation 64, which states that any payment or settlement which, without explanation, does not include all amounts which should be included, shall be deemed a misrepresentation of a pertinent policy provision; Regulation 64, which states that damaged vehicles must be inspected and a good faith offer must be made within six business days; Regulation 64, which requires that a detailed written estimate specifying all appropriate deductions must be received by the insured or the designated representative; Regulation 64, (b)(9) which requires that re-inspection must take place within 2 business days after notice from the insured or designated representative; Regulation 64, which states that all total theft losses shall be reported to the National Insurance Crime Bureau immediately, but no more than two business days following notice of claim.

LICENSEE

ADDRESS

PENALTY

Farmington Casualty Company

One Tower Square, 4PB
Hartford, CT

$14,530 fine

For the period July 1, 1999 through December 31, 1999, the company violated the following provisions of the Insurance Law and/or Department Regulations: Regulation 68, which states that follow up no fault application must be sent if original is not returned within 30 calendar days; Regulation 68, and Insurance Law Section 5106 which requires that payment or denial of claim must be made within 30 calendar days of receipt of relevant information and/or proof of claim; Regulation 64, which states that claim files must be maintained so that all events relating to the claim can be reconstructed by Insurance Department Examiners; Regulation 64, which states that a certificate of repair form must be given to the insured during negotiations; Regulation 64, which states that a good faith offer of settlement must be made within 25 calendar days on a total unrecovered theft or 11 business days for other total losses; Regulation 64, which states that if a claim remains outstanding more than 30 days a letter of explanation should be sent every 30 days; Regulation 64, which states that insured’s must be notified of their reimbursement rights for transportation expenses; Regulation 64, which states that all total theft losses shall be reported to National Insurance Crime Bureau immediately, but no more than two business days following notice of claim; Regulation 64, which states that within 15 business days of receipt of notice, the company must either send written acknowledgement or payment to the claimant. Upon verification of coverage the company must acknowledge the claim and provide claimant with required information; Regulation 64, which states that if the claim is not settled within 60 calendar days, the insurer must send a written explanation explaining the reasons for the delay and an updated letter every 60 days; and Regulation 79, which states that the inspection report and photographs must be used, and made a part of the claim files, in the settlement of all unrecovered theft claims.

LICENSEE

ADDRESS

PENALTY

Fidelity National Title Insurance Company of New York,

Nations Title Insurance of NY
And
National Title Insurance of NY

4050 Calle Real Suite 140
Santa Barbara, CA

$15,000 fine

The companies violated Section 1505(d) of the Insurance Law by entering into cost reimbursement agreements with affiliates without notifying the Superintendent in writing of their intention to enter into such agreements at least 30 days prior thereto.

LICENSEE

ADDRESS

PENALTY

Jackson National Life Insurance Company of New York

2900 Westchester, Suite 306
Purchase, NY

$10,000 fine

The company violated Section 3201(b)(1) of the Insurance Law by using a policy form not filed with and approved by the Superintendent.

LICENSEE

ADDRESS

PENALTY

Holyoke Mutual Insurance Company Holyoke Square
PO Box 2006
Salem, MA

$9,750 fine

The company violated Section 3425 (f) (1) & (2) of the Insurance law in that exceeded the number of private passenger automobile non-renewals permitted for that calendar year.

LICENSEE

ADDRESS

PENALTY

Medical Liability Mutual Insurance Company

2 Park Avenue
New York, NY

$1,000 fine

The company failed to pay certain claims within the time limitations specified in Section 3224-a of the Insurance Law.

LICENSEE

ADDRESS

PENALTY

National Continental Insurance Company

625 Alpha Drive, Box 011
Highland Heights, OH

$9,000 fine

The company 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

Pennsylvania Lumbermen’s Mutual Insurance Company

Independence Square West
Philadelphia, PA

$16,000 fine

The company 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

Progressive Casualty Insurance Company

625 Alpha Drive, Box 011
Highland Heights, OH

$9,000 fine

The company 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

Progressive Northeastern Insurance Company

625 Alpha Drive, Box 011
Highland Heights, OH

$33,000 fine

The company 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

Progressive Specialty Insurance Company

625 Alpha Drive, Box 011
Highland Heights, OH

$9,000 fine

The company 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

Phoenix Insurance Company

One Tower Square, 4PB
Hartford, CT
$16,800 fine

For the period July 1, 1999 through December 31, 1999, the company violated the following provisions of the Insurance Law and/or Department Regulations: Regulation 68, and Insurance Law Section 5106 which require that payment or denial of claim must be made within 30 calendar days of receipt of relevant information and/or proof of claim; Regulation 68 and Insurance Law Section 5102 which state that claimant is entitled to 80% of lost wages up to policy limits; Regulation 64, which states that claim files must be maintained so that all events relating to the claim can be reconstructed by Insurance Department Examiners; Regulation 64, which states that a good faith offer of settlement must be made within 25 calendar days on a total unrecovered theft or 11 business days for other total losses; and Regulation 64, which states that insured’s must be notified of their reimbursement rights for transportation expenses; Regulation 79, which states that the inspection report and photographs must be used, and made a part of the claim file, in the settlement of all unrecovered theft claims; and Regulation 96, which states that insurers shall report all fire losses in excess of $1,000 involving applicable property to Property Insurance Loss Register within 5 business days following receipt of claim.

LICENSEE

ADDRESS

PENALTY

St. Paul Guardian Insurance Company

Mail Code 1029
385 Washington Street
St. Paul, MN

$29,300 fine

During the period July 1, 1999 through March 31, 2000, the company violated the following provisions of the Insurance Law and/or Department Regulations: Section 65.15 (e)(1) of Department Regulation 68 which states that follow-up no-fault application must be sent if original is not returned within 30 calendar days; Section 5106 of the Insurance Law and Section 65.15 (g)(1) and (3) by failing to make payments or issue denials within 30 days of receipt of relevant information or proof of claim; Section 5106 of the Insurance Law and Section 65.15 (h)(1) of Department Regulation 68 by failing to include a 2% interest rate compounded and calculated on a 30-day pro-rata basis on all overdue PIP benefits; Section 5102 of the Insurance Law and Section 65.15(o)(2) of Department Regulation 68 which states that the claimant is entitled to 80% of lost wages up to policy limits; Section 216.7(b)(19)(ii) of Department Regulation 64 which states that a certificate of repair form must be given to the insured during negotiations; Section 216.7(f) of Department Regulation 64 which states that insureds must be notified of their reimbursement rights for transportation expenses; Section 216.8(d)(2) of Department Regulation 64 which states that all first and third party losses of $2,500 or more must be reported to NICB no later than 5 calendar days after the sale of salvage or, if the insured or claimant is permitted to retain the vehicle, no later than 5 calendar days after the date of loss payment; Section 216.10(d) of Department Regulation 64 which states that insurers shall report to NICB any vehicle involved in a claim where damages exceed $2,500.00; and Section 67.5 (g) of Department Regulation 79 which states that inspection reports shall be used to document previous damage, or prior condition.

LICENSEE

ADDRESS

PENALTY

Sorema NA Reinsurance Company

199 Water Street
New York, NY

$16,850 fine

The company violated Section 317 of the Insurance Law and the reporting requirements of Article 6 of the Vehicle and Traffic Law and 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

Teachers Insurance and Annuity Association of America

730 Third Avenue
New York, NY

$10,000 finee

During the period January 1, 1995 through December 31, 1999, the company violated Section 219.4(p) of Department Regulation No. 34-A by not including the city of its home office in some advertisements; it violated Section 4235(h)(3) of the Insurance Law by using group health premium rates that were less than the schedule of rates on file with the Department; and Section 1414 (e) of the Insurance Law by valuing a mortgage loan in excess of 90% of the appraised value of the property.

LICENSEE

ADDRESS

PENALTY

Travelers Indemnity Company

One Tower Square, 4PB
Hartford, CT

$48,050 fine

For the period July 1, 1999 through December 31, 1999, the company violated the following provisions of the Insurance Law and/or Department Regulations: Regulation 68, and Insurance Law Section 5106 which require that payment or denial of claim must be made within 30 calendar days of receipt of relevant information and/or proof of claim; Regulation 68, and Insurance Law Section 5102 which state that all overdue PIP benefits must have a 2% interest rate compounded and calculated on a 30 day pro-rata basis; Regulation 64, which states that claim files must be maintained so that all events relating to the claim can be reconstructed by Insurance Department Examiners; Regulation 64, which states that a good faith offer of settlement must be made within 25 calendar days on a total unrecovered theft or 11 business days for other total losses; Regulation 64, which states that if a claim remains outstanding more than 30 days a letter of explanation should be sent every 30 days; Regulation 64, which states that insured’s must be notified of their reimbursement rights for transportation expenses; Regulation 64, which states that if a claim is not settled within 60 calendar days, the insurer must send a written explanation explaining the reasons for the delay and an updated letter every 60 days; Regulation 79, which states that the inspection report and photographs must be used, and made a part of the claim file, in the settlement of all unrecovered theft claims; and Regulation 96, which states that insurers shall report all fire losses in excess of $1,000 involving applicable property to the Property Insurance Loss Register within 5 business days following receipt of claim.

LICENSEE

ADDRESS

PENALTY

United Financial Casualty Company

625 Alpha Drive, Box 011
Highland Heights, OH

$9,000 fine

The company waives its right to further notice and hearing in this matter and admits that it 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

Worldwide Insurance Company

580 Walnut Street
Cincinnati, OH

$21,900 fine

For the period December 1, 1999 through May 31, 2000, the company violated the following provisions of the Insurance Law and/or Department Regulations: Regulation 68, which requires that verification forms must be sent within 10 business days after receipt of application; Regulation 68, and Insurance Law Section 5106 which require that payment or denial of claim must be made within 30 calendar days of receipt of relevant information and/or proof of claim; Regulation 68 and Insurance Law Section 5106 which require that all overdue personal injury protection benefits must have a 2% interest rate compounded and calculated on a 30 day pro-rata basis; Regulation 64 which requires that deductions for previous damage must be measurable, discernible, itemized and specified as to dollar amount and such deductions must be detailed in the claim file; Regulation 64, which states that a certificate of repair form must be given to the insured or the insured’s designated representative during negotiations; and Regulation 79, which states that the inspection report shall be used to document previous damage, or prior condition.

AGENT/BROKERS HEARINGS

Region: Albany

LICENSEE

ADDRESS

PENALTY

John J. Kulakowski
(Agent)

11 British American Blvd.
Latham, NY

$1,200 fine

Respondent failed to act in a competent, professional manner with concern for the best interests of three of his clients. He did not review the Medicare Supplemental Plan policies of the three clients. Respondent signed three Regulation 62 forms which misrepresented that he had reviewed the coverages of his three clients and incorrectly noted the reasons for purchase of the replacement policies.

AGENT/BROKERS HEARINGS

Region: Binghamton

LICENSEE

ADDRESS

PENALTY

Thaddeus J. Okoniewski
(Agent)
t/b/a TJ Okoniewski Agency
and

Okoniewski Insurance Agency, Inc.

13 Lincoln Avenue
Binghamton, NY

Same as above

117 Glenwood Avenue
Binghamton, NY

License revoked

Respondents issued various Certificates of Insurance to their clients, which represented they were insured for General Liability and Workers’ Compensation, when in fact Respondents were aware that no such coverage existed.

Region: Buffalo

LICENSEE

ADDRESS

PENALTY

Steven B. Levy
(Bail Bond Agent)
141 Morningstar Court
Williamsville, NY

$2,000 fine

Respondent violated 6804 the Insurance Law by receiving compensation in excess of the allowed premium and by charging travel costs to defendants or indemnitors between October 1997 and July 1998.

Region:Rochester

LICENSEE

ADDRESS

PENALTY

Donna K. Clonick
(Agent)
782 Gleason Circle
East Rochester, NY

License revoked

Respondent was convicted in a criminal proceeding of a insurance fraud. Respondent failed to furnish an explanation of her activities and hampered and impeded the Department’s investigation.

LICENSEE

ADDRESS

PENALTY

Charline T. Smikle
(Agent)
46 Meigs Street Apt. 7
Rochester, New York

License revoked

Respondent collected a $60 premium payment for Allstate Insurance Company which she failed to report and which she converted to her own use.

Region: Nassau

LICENSEE

ADDRESS

PENALTY

Ian A. Budhan
(Agent)
130-14 Liberty Avenue
Richmond Hill, NY

License revoked

In Stipulations with the Department dated March 19, 1998 and July 27, 2000, Respondent between August 15, 1996 and March 30, 1999, issued a total of 39 premium checks dishonored by the bank upon which drawn, for which he paid fines of $1,500 and $2,500 to the Department. Respondent also agreed in Stipulations with the Department to take all necessary steps to prevent the recurrence of similar violations. Respondent violated said stipulations by issuing other premium checks which became dishonored by the bank upon which drawn. Between October 1, 1999 and October 10, 2000, Respondent issued 23 dishonored premium checks totaling $8,277.45, which were subsequently replaced. It was the Respondent’s third disciplinary action within a three year period involving the same violation of Law.

LICENSEE

ADDRESS

PENALTY

Ambarina Brokerage, Inc.
&
Kenneth Feliz,
(Broker)
4 East Tremont Ave,
PO BOX 990
Bronx, NY
Same as above
License revoked

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

Charles F. Dinkelmeyer
(Broker)
460 Old Town Road Apt 2J
Port Jefferson, NY
License revoked

Respondent participated in the filling out and submission of fraudulent workers’ compensation insurance applications for at least six insureds. On or about October 3, 2000 Respondent was convicted after pleading guilty to Insurance Fraud in the Fourth Degree, a class E Felony, in violation of Penal Law 176.15.

LICENSEE

ADDRESS

PENALTY

James C. Feeley
And
McGann-Feeley-Fabri, Inc.

(Sublicensee)

1112 Iris Place
Westbury, NY
Same as above
License revoked

In numerous instances the Respondents failed to remit or otherwise properly account for premium funds owed to Insurers. Respondents issued counterfeit Insurance Identification Cards on expired, post-dated or non-existent policies and issued invalid insurance policies.

LICENSEE

ADDRESS

PENALTY

David J. Fries
(Agent)
135 Higbie Lane
West Islip, New York
License revoked

Respondent failed to provide copy of commercial insurance policy to client leaving him unaware that policy did not cover burglary or theft of property. Insured paid premium monies to Respondent, but Respondent failed to remit all of same to the insurer’s producer. Most of the premium monies were remitted untimely by Respondent after insured suffered a large loss of property from a burglary. The balance of approximately $150 in premium monies received were not remitted, returned, or otherwise accounted for by Respondent.

LICENSEE

ADDRESS

PENALTY

Anthony S. Guerreri
(Agent)
35 Smith Lane
Centereach, NY
$700 fine

Respondent failed to return unearned commissions due the insurer in a timely manner. Respondent failed to communicate and cooperate with the Department’s investigation.

LICENSEE

ADDRESS

PENALTY

Brite Star Agency, Inc.
And
Josephine Levan
(sublicensee)

1635 Great Neck Road #7
Copiague, NY

60 Morton Street
Brentwood, NY

License revoked

License revoked

Both Respondents retained at least $175 owed to their client until after the Citation in this proceeding was issued. Individual Respondent issued dishonored checks and commingling of funds. Respondents failed to adhere to their commitment in two prior Stipulations to prevent future similar violations.

LICENSEE

ADDRESS

PENALTY

Marine Risks, Inc.
and
Bruce R. Keyes
(Sublicensee)

260 Main St., Ste. 104
PO Box 273
Northport, NY 11768
Same as above
License revoked

License revoked

Respondents defrauded their insurance clients and violated 2314 of the Insurance Law. The Respondents orchestrated a scheme to deceive Mission Auto Plan customers into overpaying premiums due under their automobile insurance policies. In addition, the Respondents fraudulently mischaracterized the additional fees as premiums and selectively departed from the terms of the insurance policy in those instances that resulted in a windfall for Marine Risks, Inc.

LICENSEE

ADDRESS

PENALTY

Service Insurance Agency Inc.
And

Kirk E. Castro
(Sublicensee)

265 Post Avenue Suite 114
Westbury, NY

18 Lion Street
Westbury, NY

License revoked

License revoked

Respondent, Service Insurance Agency by and through Kirk E. Castro, as President, filed a voluntary petition for bankruptcy on or about January 11, 2001. The bankruptcy documents list various insurers and other licensees, premium finance companies and certain parties to which Respondent owed premium monies in excess of $840,700. Respondents have neither replaced or otherwise accounted for these premium monies. Respondents failed to remit a certain premium check dated August 9, 2000 in the amount of $19,918.40 to the insurance company or its general agent causing cancellation of an insured’s commercial liability and umbrella policy. Respondents failed to refund or otherwise account for said misappropriated premium monies. Respondents issued premium checks which were dishonored by the bank. Respondents have failed to replace or otherwise account for such premium monies. Respondents failed to cooperate and hampered and impeded the Department’s investigation.

Region: New York City

LICENSEE

ADDRESS

PENALTY

Luis A. Bolanos
(Broker)
268 Jamaica Avenue
Brooklyn, NY
$1,000 Fine

Respondent issued dishonored premium checks and commingled premium funds. Respondent resolved the violations quickly and no outstanding premium monies are due.

LICENSEE

ADDRESS

PENALTY

Concordance Brokerage Inc.
and
Claudel Aime
(Sublicensee)
584 Rogers Avenue
PO Box 250-736
Brooklyn, NY
Same as above

License revoked

Respondent, Concordance Brokerage, Inc., issued checks that were dishonored and co-mingled premium trust funds with other funds, both in violation of its fiduciary obligation. Respondents failed to respond to the Department’s correspondence, which failure hampered and impeded the Department’s investigation.

LICENSEE

ADDRESS

PENALTY

Shimon M. Herz
(Life/Accident and Health Agent)
1227 President Street
Brooklyn, NY

License revoked

Respondent made unauthorized withdrawals from client’s annuity account. While insurer was investigating the matter, Respondent refunded the amounts in question.

LICENSEE

ADDRESS

PENALTY

Unique Auto Brokerage Inc.
and
Mahammad A. Farooq
(Sublicensee)
65-35 Queens Blvd
Woodside, NY
Same as above

$7,000 fine

Individual Respondent and Corporate Respondent operated an insurance brokerage in a manner that resulted in violations of 2119 of the Insurance Law, improperly charged service fees and 2314 of the Insurance Law overcharge of premium through Premium Finance Agreements.

Region: Utica

LICENSEE

ADDRESS

PENALTY

Randy D. Loomis
(Agent)
8011 Saltzman Road
Blossvale, NY

$750 fine

Respondent made a false written representation that he had reviewed the coverage provided to an insured and that a replacement policy caused no change in benefits while charging a lower premium. In fact, his representations were untrue and misleading in that the existing policy provided superior benefits than the replacement policy.

LICENSEE

ADDRESS

PENALTY

Alexander L. Knopfler
(Agent)
1564 48th Street
Brooklyn, NY

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.

Region:Westchester

LICENSEE

ADDRESS

PENALTY

Bernard Gutierrez
(Broker)
19A Lakeview Ct
Haverstraw, NY

$3,000 fine

Respondent issued premium checks that were dishonored by the bank upon which drawn and also commingled funds. All checks were subsequently replaced. Respondent allowed a non-licensee to transaction an insurance business. Respondent failed to devise an accounting method to prevent the same deficiencies indicated in the Stipulation.

Agent/Broker Stipulation

Region: Albany

LICENSEE

ADDRESS

PENALTY

Denis J. Cedrone
(Broker & Agent)
21 Keyes Street
Warrensburg, NY
$1,000

Respondent failed to disclose on his original license application and two subsequent renewal applications that he had previously been fined by the Department.

Region: Elmira

LICENSEE

ADDRESS

PENALTY

Lawrence M. Piper
(Agent & Broker)
t/b/a Piper Agency
28 Glider Circle
Elmira, NY

$1,406 fine

Respondent violated Section 2117 of the Insurance Law in that he solicited and/or sold five medical insurance policies covering 146 lives for an entity not licensed to do an insurance business in this state.

Region: Mid-Hudson

LICENSEE

ADDRESS

PENALTY

Casale S.A. Inc.
and
Richard R. Wercholuk
(Sublicensee)
101 State Street
Schenectady, NY
Same as above

$500 fine

Respondents received an insurance premium payment in the amount of $25,357.75 from a premium finance company on behalf of their client. Respondents failed to remit said premium to the insurer and upon cancellation of the policy failed to return the premium to the premium finance company until approximately 15 months after receipt.

Region: Nassau

LICENSEE

ADDRESS

PENALTY

Frank T. Abbey
(Agent)
5254 Merrick Road, Suite 5
Massapequa, NY

$1,000 fine

Respondent issued eight checks totaling $2,323.40 which were dishonored by the bank upon which they were drawn, but which were subsequently replaced by Respondent and commingled insurance premium funds.

LICENSEE

ADDRESS

PENALTY

Package Group Ltd.
and
David Z. Rubin
(Sublicensee)
55 Montauk Highway
Copiague, NY
Same as above

$2,500 fine

Respondents received an insurance premium payment in the amount of $2,394.00 from their client which they failed to remit to the insurer in a timely manner thus resulting in the cancellation of the policy. On or about March 18, 2000, Respondents issued a notice indicating that the above mentioned policy was in full force and effect when in fact the policy was not reinstated until April, 2000.

LICENSEE

ADDRESS

PENALTY

Rand Marketing, Inc.
and
George J. Rand
(Sublicensee)
734 Walt Whitman Road
Suite 406B
Melville, NY
Same as above

$5,000 fine

Respondents sold 483 medical insurance policies for an entity not licensed or authorized to do an insurance business in this State.

Region: New York City

LICENSEE

ADDRESS

PENALTY

Samuel Slatus
(Agent)
151-40 88th Street
Howard Beach, NY

License revoked

Respondent was convicted, upon his plea of guilty, of conspiracy to transport in interstate commerce stolen securities valued in excess of $5,000, knowing it had been stolen and taken by fraud; Respondent was convicted upon his plea of guilty, of theft by deception in the 3rd degree; Respondent was convicted, upon his plea of guilty, of insurance fraud; and reference to question number 9 on Respondent’s Individual Life and/or Accident and Health Agent’s Renewal Applications for the renewal periods of July 1, 1995 to June 30, 1997, July 1, 1997 to June 30, 1999, and July 1, 1999 to June 30, 2001, that there were pending against him several criminal actions, and that he had been convicted in criminal action.

LICENSEE

ADDRESS

PENALTY

Campo Agency Inc.
and
Carmen S. Campo
(Sublicensee)
322 New Dorp Lane
Staten Island, NY
Same as above

$2,000 fine

Respondents issued 15 premium transmittal checks, totaling $10,587.88 that were dishonored by the bank upon which drawn, but were subsequently replaced. During the same period, the Respondents commingled their insurance premium funds.

LICENSEE

ADDRESS

PENALTY

Josephine D. Carson
(Agent)
2558C Frederick Douglas Blvd
New York, NY

$1,000 fine

Respondent failed to disclose her 1977 Bankruptcy on two insurance agent applications submitted to the Department for the periods of July 25, 1996 through June 30, 1997 and July 1, 1997 through June 30, 1999.

LICENSEE

ADDRESS

PENALTY

Evelyn Cruz
(Broker)
(Sublicensee)
200 West Kingsbridge Road
Suite 4N
Bronx, NY

$1,000 fine

Respondent issued three insurance premium transmittal checks totaling $1,059.75 that were dishonored by the bank upon which drawn but were subsequently replace. Respondent also commingled premium funds.

LICENSEE

ADDRESS

PENALTY

Elizabeth Francis
(Broker)
t/b/a
Liz General Insurance
1431 Nostrand Avenue
Brooklyn, NY

$1,000 fine

Respondent allowed her son, a person not licensed by the Department, to operate her insurance business. Respondent also commingled her insurance premium account.

LICENSEE

ADDRESS

PENALTY

L&S Brokerage, Inc
and
Leslie Shallow
(Sublicensee)
1681 Flatbush Avenue
Brooklyn, NY
Same as above

$2,000 fine

Respondents issued 43 insurance premium transmittal checks, totaling $10,224.57 that were dishonored by the bank upon which drawn and were subsequently replaced.

LICENSEE

ADDRESS

PENALTY

Noah Agency, Inc.

and

Sam S. Noah
(Sublicensee)

520 8th Avenue
Suite 2200
New York, NY

608 Broad Avenue
Leonia, NJ

$500 fine

Respondents on their re-licensing application and on their original licensing application both dated May 18, 2001, failed to disclose that they had been previously fined by the Department.

LICENSEE

ADDRESS

PENALTY

NSC Insurance
and
Frederick S. Cesareo
(Sublicensee)
1861 Forest Avenue
Staten Island, NY
Same as above

$500 fine

Respondents issued premium transmittal checks that were dishonored by the bank upon which drawn but were subsequently replaced.

LICENSEE

ADDRESS

PENALTY

Maria C. Rivas
(Broker)
446 Himrod Street
Brooklyn, NY

$1,000 fine

Respondent issued premium transmittal checks that were dishonored by the bank upon which drawn but were subsequently replaced. Respondent also commingled her premium account.

LICENSEE

ADDRESS

PENALTY

Paula Silva Rivera
(Broker)
89-68 218 Street
New York, NY

$3,000 fine

Respondent issued checks for the purposes of transmitting insurance premium payments which were dishonored by the bank upon which drawn but were subsequently replaced by Respondent or honored by the bank upon redeposit.

LICENSEE

ADDRESS

PENALTY

Antonio J. Rodriguez
(Broker)
3100 Bailey Avenue
Bronx, NY

$500 fine

Respondent’s certification to write insurance for the New York Automobile Insurance Plan was revoked on or about November 30, 2000.

LICENSEE

ADDRESS

PENALTY

Bartnett Rothenberg
(Broker)
111 Broadway 7th Floor
New York, NY

$50,000 fine

Respondent on several occasions between 1987 and 1991, charged, without the knowledge or consent of his clients, a premium which exceeded the contract premium charged by the insurer in the approximate amount of $141,616. The overcharge, together with interest has been repaid to the insureds or their representatives.

LICENSEE

ADDRESS

PENALTY

Peter Russo
(Broker)
369 Lexington Avenue
New York, NY

$2,500 fine

Respondent between November 1, 1998 and December 1999, acted as an insurance agent and/or broker without the benefit of an insurance license in violation of Insurance Law Section 2104.

LICENSEE

ADDRESS

PENALTY

Thomas H. Schonberg 210 East 63rd Street Apt. 1F
New York, NY

$2,500

Respondent on February 14, 2000 plead guilty to "Forgery, 3rd" and "Falsification of Business Records, 2nd", in the Supreme Court of the State of New York.

LICENSEE

ADDRESS

PENALTY

Joseph Tramontano
(Agent)
PO Box 290-510
1809 Coney Island
Brooklyn, NY

$1,000 fine

Respondent failed to properly supervise an agent who collected premium funds from an insurance client and issued temporary automobile insurance identification cards, but failed to remit said funds to the insurance carrier, failed to submit the insured’s application to the insurance carrier and failed to place insurance in a timely manner, thereby causing the client to become uninsured.

LICENSEE

ADDRESS

PENALTY

Michael J. Tramontano
(Agent)
163 Seidman Avenue
Staten Island, NY

$500 fine

Respondent collected premium funds from an insurance client and issued temporary automobile insurance identification cards but failed to remit said funds to the insurance carrier, failed to submit the client’s application to the insurance carrier and failed to place insurance in a timely manner, thereby causing the client to become uninsured.

LICENSEE

ADDRESS

PENALTY

Travers O’Keefe & Associates,
Inc.
and
Richard A. Travers
and
John Van Wie
(Sublicensees)

11 Hanover Square, 24th FloorNew York, NY

99 Battery Place #16D
New York, NY

170 Highwood Circle
Oyster Bay Cove, NY

$2,500 fine

Respondents between 1997 and 1998 sold 35 medical insurance policies for an entity not licensed or authorized to do an insurance business in this State.

LICENSEE

ADDRESS

PENALTY

Total Dollar Management Effort Ltd.
and
Arthur H. Buhr
(Sublicensee)
325 Lexington Avenue
New York, NY
Same as above

$2,500 fine

Respondents allowed an unlicensed employee to act as an insurance agent and/or broker between November 1, 1998 and December 1999.

LICENSEE

ADDRESS

PENALTY

Errol Wilson
(Agent)
118 East 88th Street
Brooklyn, NY

$500 fine

Respondent on September 14 and October 19, 2000 was directed by the Department to appear for a statement under oath concerning unauthorized policy loans. Respondent failed to appear thereby hampering and impeding the Department’s investigation. Respondent eventually appeared and provided the requested information thereby resolving the underlying issues.

LICENSEE

ADDRESS

PENALTY

Bernarda T. Williams
(Broker)
t/b/a Williams Insurance
182 Graham Avenue
Brooklyn, NY

$500 fine

Respondent issued premium checks which were dishonored by the bank upon which drawn, all checks were subsequently replaced.

LICENSEE

ADDRESS

PENALTY

Williamson Agency LLC
and
Kevin Williamson
(sublicensee)
4701 Avenue D
Brooklyn, NY
Same as above

$500 fine

Respondents issued insurance premium transmittal checks that were dishonored by the bank upon which drawn but were subsequently replaced.

Region: Suffolk

LICENSEE

ADDRESS

PENALTY

Steve R. Barraco
(Agent)
172 West 4th Street
Deer Park, NY

$1,500 fine

Respondent failed to disclose on his application for an Agent’s License, a conviction for the criminal sale of a controlled substance.

LICENSEE

ADDRESS

PENALTY

Yvonne Hernandez
(Broker)
t/b/a
Hernz Insurance Brokerage
4-A Suffolk Avenue
Central Islip, NY
Same as above

$1,000 fine

Respondent issued insurance premium transmittal checks that were dishonored by the bank upon which drawn, but were subsequently replaced.

LICENSEE

ADDRESS

PENALTY

Deborah A. Mount
(Broker)
6 Saddler Lane
Stonybrook, NY

License revoked

Respondent refused to testify at two Examinations Under Oath scheduled by the Department which were conducted in connection with an investigation of the activities of a revoked licensee. Respondent hampered and impeded the Department’s investigation.

LICENSEE

ADDRESS

PENALTY

Oberlander & Dorfman, Inc.
and
Bart Dorfman, Lori Dorfman and Mark Dorfman
(Sublicensees)
700 Merrick Road
Lynbrook, NY
Same as above

$3,600 fine

Respondents violated Section 2117 of the Insurance Law, in that they solicited and sold in the State of New York medical insurance coverage on behalf of the International Medical Group, an entity not licensed to do insurance business in this State.

LICENSEE

ADDRESS

PENALTY

Michael Oland
(Adjuster)
8 Helen Avenue
Plainview, NY

License revoked

Respondent pled guilty knowingly and intentionally scheming to defraud an insurance company of money and/or property by means of false and fraudulent pretense and representation.

LICENSEE

ADDRESS

PENALTY

Randy A. Merrell
(Agent)
8186 N. Court St.
Canastota, NY

$500 fine

Respondent made a false written representation about a replacement policy provided to an insured.

LICENSEE

ADDRESS

PENALTY

Victor E. Messier
(Agent)
1149 Stone Barn Road
Cleveland, NY

$4,130 fine

Respondent made false written representations on Medicare supplemental policies.

Region: Syracuse

LICENSEE

ADDRESS

PENALTY

Roger R. Loomis
(Agent)
7509 West Lake
PO Box 94
North Bay, NY

$1,500 fine

Respondent made false written representations about replacement policies sold to insureds,.

Region: Westchester

LICENSEE

ADDRESS

PENALTY

Joseph M. Giordano
(Adjuster)
PO Box 9
18 Bonnie Brae Avenue
Granite Springs, NY

License revoked

Respondent was charged with the crimes of sexual abuse in the third degree, unlawful imprisonment in the second degree and official misconduct. License suspended pending outcome of the criminal charges.

Region: Out of State

LICENSEE

ADDRESS

PENALTY

American Financial Benefits Corporation
and
Joseph M. Lucent
(Sublicensee)
814 Highway A1A Suite 302
Ponte Vedra Beach, FL
Same as above

$500 fine

Respondent failed to disclose on his original license application that he had been adjudged bankrupt on May 7, 1986, in the United State Bankruptcy Court.

LICENSEE

ADDRESS

PENALTY

Allen W. Freeman
(Agent)
115 Main Street, 2nd Floor
Woodbridge, NJ

$500 fine

Respondent collected a premium of $3,475 which he failed to remit to the insurer. The premium was subsequently repaid.

LICENSEE

ADDRESS

PENALTY

Gordon E. Jackman
(Agent)
55 Washington St., Suite 210
East Orange, NJ

License revoked

Respondent failed to comply with the Department’s attempt to gather information, and documents concerning a question on his renewal application thereby hampering and impeding the Department’s investigation.

LICENSEE

ADDRESS

PENALTY

Terrance L. Simmons
(Broker)
TL Simmons/Assurance Brokers Ltd.
PO Box 424
Edwardsville, IL

$500 fine

Respondent failed to disclose on his individual broker’s renewal application a $500 fined by the State of Illinois, Department of Insurance.

 


Link to Homepage