New York
State
Insurance Department
ISSUED:6/25/02 |
FOR IMMEDIATE RELEASE |
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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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 insureds 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. |
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LICENSEE |
ADDRESS |
PENALTY |
Fidelity National Title Insurance Company of New York, Nations 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. |
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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. |
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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. |
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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. |
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LICENSEE |
ADDRESS |
PENALTY |
Pennsylvania Lumbermens 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. |
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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. |
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LICENSEE |
ADDRESS |
PENALTY |
Progressive Northeastern Insurance Company |
625 Alpha Drive, Box 011 |
$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. |
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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 insureds 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. |
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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. |
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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. |
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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 insureds 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. |
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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. |
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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 insureds designated representative during negotiations; and Regulation 79, which states that the inspection report shall be used to document previous damage, or prior condition. |
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Region:
AlbanyLICENSEE |
ADDRESS |
PENALTY |
John J. Kulakowski |
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. |
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AGENT/BROKERS HEARINGS
Region: Binghamton
LICENSEE |
ADDRESS |
PENALTY |
Thaddeus J. Okoniewski Okoniewski Insurance Agency, Inc. |
13 Lincoln Avenue Same as above 117 Glenwood Avenue |
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. |
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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. |
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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 Departments investigation. |
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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. |
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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 Respondents third disciplinary action within a three year period involving the same violation of Law. |
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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 individuals 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. |
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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. |
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LICENSEE |
ADDRESS |
PENALTY |
James C. Feeley (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. |
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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 insurers 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. |
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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 Departments investigation. |
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LICENSEE |
ADDRESS |
PENALTY |
| Brite Star Agency, Inc. And Josephine Levan (sublicensee) |
1635 Great Neck Road #7 60 Morton Street |
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. |
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LICENSEE |
ADDRESS |
PENALTY |
Marine Risks, Inc. |
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. |
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LICENSEE |
ADDRESS |
PENALTY |
Service Insurance Agency Inc. Kirk E. Castro |
265 Post Avenue Suite 114 18 Lion Street |
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 insureds 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 Departments investigation. |
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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. |
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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 Departments correspondence, which failure hampered and impeded the Departments investigation. |
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LICENSEE |
ADDRESS |
PENALTY |
| Shimon M. Herz (Life/Accident and Health Agent) |
1227 President Street Brooklyn, NY |
License revoked |
Respondent made unauthorized withdrawals from clients annuity account. While insurer was investigating the matter, Respondent refunded the amounts in question. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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 Respondents Individual Life and/or Accident and Health Agents 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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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LICENSEE |
ADDRESS |
PENALTY |
Noah Agency, Inc. and Sam S. Noah |
520 8th Avenue 608 Broad Avenue |
$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. |
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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. |
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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. |
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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. |
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LICENSEE |
ADDRESS |
PENALTY |
| Antonio J. Rodriguez (Broker) |
3100 Bailey Avenue Bronx, NY |
$500 fine |
Respondents certification to write insurance for the New York Automobile Insurance Plan was revoked on or about November 30, 2000. |
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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. |
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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. |
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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. |
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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 insureds application to the insurance carrier and failed to place insurance in a timely manner, thereby causing the client to become uninsured. |
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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 clients application to the insurance carrier and failed to place insurance in a timely manner, thereby causing the client to become uninsured. |
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LICENSEE |
ADDRESS |
PENALTY |
| Travers OKeefe & Associates, Inc. and Richard A. Travers and John Van Wie (Sublicensees) |
11 Hanover Square, 24th
FloorNew York, NY 99 Battery Place #16D 170 Highwood Circle |
$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. |
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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. |
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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 Departments investigation. Respondent eventually appeared and provided the requested information thereby resolving the underlying issues. |
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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. |
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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. |
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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 Agents License, a conviction for the criminal sale of a controlled substance. |
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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. |
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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 Departments investigation. |
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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. |
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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. |
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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. |
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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. |
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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,. |
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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. |
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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. |
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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. |
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LICENSEE |
ADDRESS |
PENALTY |
| Gordon E. Jackman (Agent) |
55 Washington St., Suite 210 East Orange, NJ |
License revoked |
Respondent failed to comply with the Departments attempt to gather information, and documents concerning a question on his renewal application thereby hampering and impeding the Departments investigation. |
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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 brokers renewal application a $500 fined by the State of Illinois, Department of Insurance. |
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