New York State
Insurance Department


ISSUED 3/26/2004

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

American Life Insurance Company of New York 435 Hudson Street
New York, NY
$100,000 fine
Respondent violated the Insurance Law by issuing application and policy forms in New York State that were not filed with and approved by the Superintendent; and issuing application and policy forms that were not filed with the Superintendent for use outside New York State. In addition, Respondent violated a Department Regulation by failing to refund premium to declined applicants.

 

LICENSEE

ADDRESS

PENALTY

Anthem Health and Life Insurance Company of New York 1200 South Avenue, Suite 301
Staten Island, NY
$225,000 fine
Respondent violated the Insurance Law by utilizing a policy form that was not filed with and approved by the Superintendent; failing to provide prompt payment of health care claims to insureds; failing to provide notice of rejection of health care claims in a timely manner; and failing to maintain its books of account at its principal office in this state. In addition, Respondent violated a Department Regulation by failing to maintain policy and claim files as required by the Regulation.

 

LICENSEE

ADDRESS

PENALTY

Farmers New Century Insurance Company 4680 Wilshire Blvd.
Los Angles, CA
$13,300 fine
Respondent violated the Insurance Law and Department Regulations that state (1) that payment or denial of claim must be made within thirty calendar days of receipt of relevant information and/or proof of claim and (2) that all overdue PIP benefits shall bear interest at a rate of 2 percent per month, compounded and calculated on a pro rata basis using a 30-day month.

 

LICENSEE

ADDRESS

PENALTY

Farmers and Traders Life Insurance Company 960 James Street
Syracuse, NY
$25,000 fine
Respondent violated Department regulation by failing to mention in an advertisement, a limitation in the policy that if the insured dies from sickness during the first two years of the policy, the premiums would be returned in lieu of the face amount.

 

LICENSEE ADDRESS PENALTY
Gerber Life Insurance Company 1311 Mamaroneck Avenue
Suite 350
White Plains, NY
$40,000 fine
Respondent violated the Insurance Law by using unapproved applications and policy forms and by issuing policies on minors in excess of the limits allowed by law.

 

LICENSEE

ADDRESS

PENALTY

Insurance Company of North America 1601 Chestnut Street
Philadelphia, PA
$40,000 fine
Respondent violated the Insurance Law and Department regulations by charging rates and using policy forms that had not yet been filed with the Department.

 

LICENSEE

ADDRESS

PENALTY

Maryland Casualty Company 4680 Wilshire Blvd.
Los Angeles, CA
$38,700 fine
Respondent violated the Insurance Law and Department regulations that state that payment or denial of claim must be made within thirty calendar days of receipt of relevant information and/or proof of claim. In addition, the provisions require that all overdue PIP benefits shall bear interest at a rate of 2 percent per month compounded and calculated on a pro rata basis using a 30-day month.

 

LICENSEE

ADDRESS

PENALTY

Prudential Property & Casualty Insurance Company 23 Main Street

Holmdel, NJ

$20,000 fine
Respondent violated the Insurance Law and the Vehicle and Traffic Law by not sending a reminder to insureds with each notice of termination that proof of security is required to be maintained continuously by a vehicle owner throughout the registration period.

 

AGENTS AND BROKER HEARINGS

Region: New York City

LICENSEE

ADDRESS

PENALTY

Aurora Insurance Agency, Inc.

(Broker)
and


Anna Myakshina
(Sublicensee)

1775 East 18th Street, 2R
PO Box 350-010
Brooklyn, NY

Same as above
License revoked

 

 

License revoked

Respondents demonstrated untrustworthiness by employing a revoked broker to operate their insurance business in violation of the Insurance Law. It was also determined that the individual respondent testified falsely at a Department statement under oath.

 

LICENSEE

ADDRESS

PENALTY

Sony Bruno
(Broker)
140-5 Slcott Place, Apt. 5H
Bronx, NY
License revoked
Respondent demonstrated unworthy conduct by allowing other persons to conduct his NYAIP business and submit fraudulent and deficient applications through Respondent’s name and license as producer of record.

 

LICENSEE

ADDRESS

PENALTY

Noel N. Griffith
(Agent and Broker)
1082 Rogers Avenue
Brooklyn, NY
$2,500 fine
Respondent violated the Insurance Law by allowing a former licensed broker to issue premium payment checks on Respondent’s account that were dishonored by the bank upon which drawn, but were subsequently replaced. When Respondent discovered the violations, he made a good faith effort to resolve all violations.

 

LICENSEE

ADDRESS

PENALTY

Richard R. James
(Agent)
88-04 209th Street
Queens Village, NY
License revoked.
Respondent failed to inform the Department of his current address and failed to cooperate with a Department investigation. As a result, the Respondent was fined $500. When Respondent failed to remit the $500 fine, his license was revoked.

 

 

LICENSEE

ADDRESS

PENALTY

Henry O. Orah
(Broker)
t/b/a

Orah Insurance Brokerage
1372 Washington Avenue, #2E
Bronx, NY


Same as above
$1,750 fine
Respondent violated the Insurance Law by issuing premium payment checks that were dishonored by the bank upon which drawn, but were subsequently replaced. In addition, Respondent’s initial failure to respond in writing to a Department request hampered the Department’s investigation.

 

LICENSEE

ADDRESS

PENALTY

Right and Associates, Inc.
(Broker)

and

Joan W. Harris
(Sublicensee)

490 Bay Street
Staten Island, NY

Same as above

$6,000 fine
Respondents violated the Insurance Law by issuing premium checks that were dishonored by the bank upon which drawn, but were subsequently replaced. In addition, the Corporate Respondent did not submit a timely renewal application and as a result its status as an insurance broker terminated but it continued to function as an insurance broker in violation of the Law. The Respondent failed to appear at the Department for an audit of their books and records as directed.

 

LICENSEE

ADDRESS

PENALTY

Carlton L. Scarlett
(Agent)
4020 Avenue I
Brooklyn, NY
License revoked
Respondent failed to cooperate with Department’s investigation of Respondent’s conduct.

 

Region: Rochester

LICENSEE

ADDRESS

PENALTY

Stephen R. Oakley
(Agent)
c/o Financial Partner Group
1300 Midtown Tower
Rochester, NY
License revoked
Respondent violated the Insurance Law by failing to disclose on his agent renewal application that he had been adjudged a bankrupt and was fined $250. When Respondent failed to remit the $250 fine, his license was revoked.

 

Region: Suffolk

LICENSEE

ADDRESS

PENALTY

Kyle P. Hall

(Applicant for Licensure)

6 Robert Street

Patchogue, NY

$500 fine
Applicant made misrepresentations regarding past criminal convictions on his independent adjusters license application. The Applicant was directed to pay a $500 fine.

 

Region: Westchester

LICENSEE

ADDRESS

PENALTY

Broadway Insurance Brokerage, Inc.

(Broker)
and

Kathy E. Walcott
(Broker and Sublicensee)

128 Stevens Avenue
Mount Vernon, NY


Same as above

License revoked



License revoked

Respondents demonstrated untrustworthiness by failing to remit premium payments on risks assigned to the New York Automobile Insurance Plan (NYAIP), by issuing checks that were dishonored by the bank drawn and by failing to cooperate with Department investigation of this matter. The Respondents also employed a revoked licensee in violation of the Insurance Law.

 

LICENSEE

ADDRESS

PENALTY

Paul Calderon, Jr.
(Broker)
379 South Broadway
Yonkers, NY
License revoked
The Respondent issued checks to an insurer that were dishonored by the bank on which they were drawn and failed to properly transmit premiums to the insurer through an Electric Funds Transfer (EFT) mechanism. The Respondent previously paid civil penalities to the Department for issuing dishonored checks.

 

LICENSEE

ADDRESS

PENALTY

Turnesa Charles Brokerage, Inc.
(Broker)

and

Charles H. Turnesa
(Broker and Sublicensee)

150 So. Saw Mill River Road
Elmsford, NY

35 Rossmore Place, 2nd floor
Belleville, NJ

License revoked


License revoked

Respondents violated the Insurance Law by failing to remit or properly account for balances of premium monies received from insureds. In addition, Respondents violated several New York Automobile Insurance Plan (NYAIP) rules and were decertified for two years.

 

LICENSEE

ADDRESS

PENALTY

Julius Wilson
(Agent and Broker)
24 West Sandford Blvd.
Mount Vernon, NY
$1,900 fine
Respondent violated the Insurance Law by issuing two premium checks that were dishonored by the bank upon which drawn, but were subsequently replaced. The Respondent was previously disciplined for the same violations.

 

Region: Out of State

LICENSEE

ADDRESS

PENALTY

Christine L. Mosley
(Agent)
2501 N Street, Apt. 510
Lincoln, NE
License revoked
Respondent violated the Insurance Law by failing to cooperate with a Department investigation of her bankruptcy.

 

LICENSEE

ADDRESS

PENALTY

Rita Rey
(Agent)
295 E. Carline Street, Ste C
San Bernardino, CA
License revoked

Respondent violated the Insurance Law by failing to cooperate with a Department investigation concerning the revocation of her State of Washington nonresident license. The Respondent failed to disclose to the State of Washington Office of Insurance Commissioner that she had a criminal conviction.

AGENTS AND BROKERS STIPULATIONS

Region: Binghamton

LICENSEE

ADDRESS

PENALTY

Douglas A. Dailey
(Agent)
3949 State Highway 23
PO Box 180
West Oneonta, NY
$500 fine
Respondent violated the Insurance Law by failing to disclose on his renewal application for licensure that he had been adjudged a bankrupt.

 

Region: Nassau

LICENSEE

ADDRESS

PENALTY

Camilo E. Mendoza
(Broker)
79-11 Roosevelt Avenue
2nd floor, Ste. #2
Jackson Heights, NY
$500 fine
Respondent violated the Insurance Law by issuing a premium transmittal check that was dishonored by the bank upon which drawn, but was subsequently replaced. He also commingled his insurance premium account by paying personal and business expenses using insurance premium funds.

 

LICENSEE

ADDRESS

PENALTY

Neal A. Pollock
(Agent)
68-15 Douglaston Parkway, 1st fl.
Douglaston, NY
$500 fine
Respondent violated the Insurance Law by failing to disclose on his original and renewal license applications that he had been adjudged a bankrupt.

 

Region: New York City

LICENSEE

ADDRESS

PENALTY

Doodnath Deo
(Broker)
125 Barbara Street
Elmont, NY
$1,000 fine
Respondent violated the Insurance Law by collecting a premium from his client and failing to remit or otherwise account for part of it. The Respondent subsequently paid the amount he had failed to remit.

 

LICENSEE

ADDRESS

PENALTY

OK Brokerage Service, Inc.
(Broker)

and

Beulah M. Wilson
(Sublicensee)

1939 Third Avenue
New York, NY

48 West 105th Street
Apt. 1A
New York, NY

$1,000 fine
Respondent violated the Insurance Law by issuing 17 insurance premium transmittal checks that were dishonored by the bank upon which drawn, but were subsequently replaced. The Respondent had been previously fined by the Department for issuing dishonored checks.

 

Region: Rochester

LICENSEE

ADDRESS

PENALTY

Mark A. Adamski
(Agent)
104 Churchill Drive N
Rochester, NY
$500 fine
Respondent violated the Insurance Law by failing to disclose on his license renewal application that he had been adjudged a bankrupt.

 

LICENSEE

ADDRESS

PENALTY

David W. Roland
(Agent)

t/b/a

Dave Roland Insurance and
t/b/a AIA Insurance Agency
5 Genesee Street
Avon, NY



31 Wadsworth Avenue
Avon, NY
$500 fine
Respondent violated the Insurance Law by requesting that an insurance company cancel an insured’s motorcycle insurance policy when the insured had never given Respondent authority to make such a request.

 

Region: Suffolk

LICENSEE

ADDRESS

PENALTY

Salvatore Scalia
(Independent Adjuster)
812 South 8th Street
Lindenhurst, NY
$500 fine
Respondent violated the Insurance Law by failing to disclose on his application for an Independent Adjuster’s license that he had a criminal conviction in 1995

 

Region: Syracuse

LICENSEE

ADDRESS

PENALTY

Wallace M. McRae III
(Agent)
7209 Taylor Road
E. Syrause, NY
$2,189 fine
Respondent violated Regulation 60 in connection with the replacement of the two life insurance policies.

 

Region: Westchester

LICENSEE

ADDRESS

PENALTY

Rolando A. Estores
(Agent)
C/o Primerica Financial Services
500 Airport Executive Park,
Suite 507
Nanuet, NY
$500 fine
Respondent violated the Insurance Law by failing to disclose on his renewal license application that he had been adjudged a bankrupt.

 

Region: Out of State

LICENSEE

ADDRESS

PENALTY

Brian D. Burns
(Agent and Broker)
7 Lakewood Drive
Bannockburn, IL
$500 fine
Respondent violated the Insurance Law by failing to disclose on his renewal license applications that he was fined and his license revoked by the State of Montana for failure to renew in a timely manner.

 

LICENSEE

ADDRESS

PENALTY

LaMarche Associates, Inc.
(Independent Adjuster)
and

Thomas G. Abel
Steven A. Chandler
Marion Guzik
(Sublicensees)
1482 North Main Street
PO Box 840
Palmer, MA

Same as above
Same as above
Same as above
$49,500 fine
Respondents violated the Insurance Law by employing individuals who were not licensed as independent insurance adjusters for the purpose of adjusting insurance claims in the State of New York.

 

LICENSEE

ADDRESS

PENALTY

Terry L. Maides
(Agent)
1304 S 93rd Avenue
Omaha, NE
$500 fine
Respondent violated the Insurance Law by failing to disclose on his agent license renewal application that his license was revoked by the State of Maine.

 

LICENSEE

ADDRESS

PENALTY

Kelly A. Morgan
(Agent)
1 Morgan Terrace
Wharton, NJ
$500 fine
Respondent violated the Insurance Law by failing to disclose on her original license application that she had been adjudged a bankrupt.

 

LICENSEE

ADDRESS

PENALTY

Sharon Palmer Fine
(Agent)
12405 Wendell Holmes Road
Herndon, VA
$500 fine
Respondent violated the Insurance Law by failing to disclose on her renewal license application that she had been fined by other state agencies. The Respondent was fined $3,000 by the State of Nevada for operating without a license and $500 by Virginia for failing to comply with certain surplus lines provisions.

 

LICENSEE

ADDRESS

PENALTY

Richard G. Hockfeld
(Agent)
1271 US Highway 22 East
Lebanon, NJ
$500 fine
Respondent violated the Insurance Law by failing to disclose on his original license application that he had been adjudged a bankrupt.

 

LICENSEE

ADDRESS

PENALTY

Beth M. Patrick
(Agent)
c/o Liberty Mutual Ins. Co.
1000 AAA Drive, Ste. 150
Heathrow, FL
$500 fine
Respondent violated the Insurance Law by failing to disclose on her original application for Agent’s License that she had been adjudged a bankrupt.

Link to homepage