Press Release 5/06/2005 - New York State Insurance Department Takes Disciplinary Actions Against Companies, Agents, Brokers & Adjusters

ISSUED 5/06/2005

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.

LICENSEE	ADDRESS	PENALTY
American Mayflower Life Insurance Company of New York	200 Old County Road Suite 240 Mineola, NY	$50,000 fine
Respondent violated the Insurance Law by failing to notify the Superintendent in writing of its intention to enter into certain transactions with an affiliate at least 30 days prior thereto. The insurer also failed to facilitate the examination by not responding to requests and not providing information in a timely manner.

LICENSEE	ADDRESS	PENALTY
National Integrity Life Insurance Company	15 Matthews Street Suite 200 Goshen, NY	$10,000 fine
Respondent violated the Insurance Law by failing to keep and maintain its books of account at its New York office and by having less than thirteen directors on its board.

LICENSEE	ADDRESS	PENALTY
Steven P. Layton (Agent)	c/o Combined Life 11 British American Blvd. Latham, NY	License revoked
Respondent violated the Insurance Law by collecting premium monies from his insureds for life insurance renewal policies and converting such monies to pay personal bills. Respondent failed to remit or refund premium monies to the insurer.

LICENSEE	ADDRESS	PENALTY
Donald K. Thatvihane (Agent)	c/o Combined Life 11 British American Blvd. Latham, NY	License revoked
Respondent demonstrated untrustworthy conduct by altering an insured’s application for a life insurance policy. Respondent failed to cooperate with the Department’s investigation thereby hampering and impeding its investigation.

LICENSEE	ADDRESS	PENALTY
Carlton C. Brebnor (Agent and Broker)	300 E. 138th Street #6F Bronx, NY	License revoked
Respondent demonstrated untrustworthy conduct on several occasions by collecting insurance premiums from his clients and failing to remit them to the insurer or to refund the monies to his clients. In addition, Respondent conducted insurance activities using an unlicensed name. Respondent failed to cooperate with Department investigation thereby hampering and impeding the investigation.

LICENSEE	ADDRESS	PENALTY
Jaime Cepeda (Agent)	2136 Watson Avenue Bronx, NY	License revoked
Respondent violated the Insurance Law by failing to disclose on his original agent’s license application that he had been adjudged a bankrupt. Respondent failed to pay a Department fine of $250 resulting in the revocation of his license.

LICENSEE	ADDRESS	PENALTY
Melinda A. Garcia (Broker) and t/b/a Mega Property & Casualty Insurance	98 Moore Street Brooklyn, NY Same as above	Licenses evoked License revoked
Respondent demonstrated untrustworthy conduct by issuing eight premium payments checks that were dishonored by the bank upon which drawn. Respondent has not replaced or properly accounted for five of the premium checks. Respondent failed to respond to Department correspondence thereby hampering and impeding its investigation.

LICENSEE	ADDRESS	PENALTY
James M. Holland (Agent)	17 Gaynor Avenue Apt. 3A Manhaset, NY	License revoked
Respondent demonstrated untrustworthy conduct by committing numerous violations of the rules of the New York Automobile Plan and failing to remit or otherwise properly account for premium payments. Respondent also failed to cooperate with the Department, thereby hampering and impeding its investigation.

LICENSEE	ADDRESS	PENALTY
Anthony Palumbo (Agent)	200 Park Avenue, Suite 4041 New York, NY	License revoked
Respondent demonstrated untrustworthy conduct by failing to cooperate with the Department in its investigation of Respondent’s criminal conviction.

LICENSEE	ADDRESS	PENALTY
Massapequa Spirit Agency, Inc. and Michael E. McCoy (Broker and Sublicensee)	5649 Merrick Road Massapequa, NY Same as above	$1,800 fine
Respondents demonstrated untrustworthy conduct by collecting automobile insurance premium payments from their client and failing to remit the full amount to the New York Automobile Insurance Plan. After the Department intervened, they refunded the payments to their client. In addition, Respondents failed to respond timely to the Department, thereby hampering and impeding its investigation.

LICENSEE	ADDRESS	PENALTY
Jerry Pilla (Independent Adjuster)	20 Terry Road Patchogue, NY	$1,000 fine
Respondent demonstrated untrustworthy conduct by failing to disclose on his application for an adjuster’s license that he had been convicted of a criminal action.

LICENSEE	ADDRESS	PENALTY
Jason Rose (Broker)	60 Sunset Avenue Selden, NY	License revoked
Respondent demonstrated untrustworthy conduct by issuing 36 premium payment checks that were dishonored by the bank upon which drawn and 11 of those checks were not replaced. In addition, Respondent violated the New York Insurance Plan rules by the issuance of 14 dishonored premium checks, most of which were not replaced; numerous deficient applications; and 10 producer performance standard violations. Respondent failed to cooperate with Department, thereby hampering and impeding its investigation.

LICENSEE	ADDRESS	PENALTY
Keith W. Stevenson, Jr. (Independent Adjuster)	304 Myron Road Syracuse, NY	License revoked and $12,000 fine
Respondent demonstrated untrustworthy conduct and committed insurance fraud by collecting Workers’ Compensation benefits he was not entitled to, resulting in his criminal conviction of Fraudulent Practices in violation of the Workers’ Compensation Law.

LICENSEE	ADDRESS	PENALTY
Maria C. Hernandez (Broker)	c/o Manny Insurance Agency 53 Palisade Avenue Yonkers, NY	License revoked
Respondent demonstrated untrustworthy conduct by issuing five insurance premium checks that were dishonored by the bank upon which drawn, but were subsequently replaced. Respondent commingled operating and premium funds and conducted insurance activities under an unlicensed name. Respondent corrected all violations and was ordered by the Department to pay a fine of $2,300, which she failed to do thereby causing her license to be revoked.

LICENSEE	ADDRESS	PENALTY
William D. Compton (Agent)	3511 Grummon Street Binghamton, NY	License revoked
Respondent demonstrated untrustworthy conduct by failing to comply with the requirements of Department Regulation 60 in connection with the replacement of an insured’s life insurance policy.

LICENSEE	ADDRESS	PENALTY
Barry R. Felton (Agent)	311 Oakdale Road Johnson City, NY	$750 fine
Respondent demonstrated untrustworthy conduct in connection with the replacement of a Plan C Medicare supplement policy. Respondent, in violation of Department Regulation 62, furnished a notice regarding replacement of coverage to an insured stating that the replacement policy was being purchased because of additional benefits when in fact, the replacement policy provided less coverage than the original policy and the premium for the replacement policy was more than the premium for the original policy.

LICENSEE

ADDRESS

PENALTY

S&W Financial Services, Inc.
(Agent)

and

John Patrick Whitty
(Sublicensee)

5350 Main Street, #8
Williamsville, NY

Same as above

$500 fine

Respondent demonstrated untrustworthiness by failing to disclose on his original Application for Agent’s License that he had been convicted of a criminal action.

LICENSEE	ADDRESS	PENALTY
Yves G. Gauthier (Broker) t/b/a Opex Insurance	1119 Christopher CT West Hempstead, NY Same as above	$500 fine
Respondent demonstrated untrustworthiness by issuing an insurance premium check that was dishonored by the bank upon which drawn, but was subsequently replaced.

LICENSEE	ADDRESS	PENALTY
Mona Y. Abuthalam (Broker)	10-34 116th Street, 1st Floor College Point, NY	$1,500 fine
Respondent demonstrated untrustworthiness by issuing three insurance payment transmittal checks that were dishonored by the bank upon which drawn and by commingling premium funds by paying personal and operational expenses form her insurance premium account.

LICENSEE	ADDRESS	PENALTY
Linda Addy (Agent)	National Life Insurance Company 733 Third Avenue, Suite 200 New York, NY	$300 fine
Respondent violated the Insurance Law by failing to disclose on her agent’s license applications that she had been adjudged a bankrupt.

LICENSEE	ADDRESS	PENALTY
Jerry S. Kim (Agent)	Choice Agency 150-24 Northern Blvd., Ste. A6 Flushing, NY	$1,000 fine
Respondent demonstrated untrustworthiness by issuing three insurance premium checks that were dishonored by the bank upon which drawn, but were subsequently replaced. Respondent also commingled his premium account by paying personal and business expenses using premium monies.

LICENSEE	ADDRESS	PENALTY
Yudelkis Rosario (Broker)	46-50 Rivington Street, #4C New York, NY	$3,000 fine
Respondent demonstrated untrustworthiness by issuing 33 insurance premium checks that were dishonored by the bank upon which drawn, but were subsequently replaced. The Respondent also commingled her premium account by paying personal and business expenses using premium monies. Respondent was previously disciplined by the Department in August 2000 for issuing checks that were dishonored.

LICENSEE	ADDRESS	PENALTY
Spring Brokerage, Inc. (Broker) and Fanny M. Trivino (Broker and Sublicensee)	5318 5th Avenue, 2nd Floor Brooklyn, NY 452 53rd Street, Apt. 1D Brooklyn, NY	$1,000 fine
Respondent demonstrated untrustworthiness by issuing 4 insurance premium checks that were dishonored by the bank upon which drawn. The Respondent also commingled premium fiduciary funds with funds not held for such fiduciary purpose. Respondent subsequently replaced all dishonored checks.

LICENSEE	ADDRESS	PENALTY
Ralph A. Palmero (Agent)	100 Jericho Quadrangle, Suite 325 Jericho, NY	$500 fine
Respondent demonstrated untrusworthinesss by failing to disclose on his renewal applications that he had been adjudged a bankrupt.

LICENSEE	ADDRESS	PENALTY
Diwakar B. Parikh (Agent)	100 Ronkonkoma Avenue Apt. #3B Ronkonkoma, NY	$1,000 fine
Respondent demonstrated untrustworthiness by issuing nine insurance premium checks that were dishonored by the bank upon which drawn, but were subsequently replaced. Respondent also commingled his premium account by paying personal and business expenses with premium funds.

LICENSEE	ADDRESS	PENALTY
Ana J. Umana (Broker)	87 Broadway Suite #204 Hicksville, NY	$1,000 fine
Respondent demonstrated untrustworthiness by issuing three premium transmittal checks that were dishonored by the bank upon which drawn, but were subsequently replaced.

LICENSEE	ADDRESS	PENALTY
Harry E. Hansen (Independent Adjuster)	United Services Automobile Association 7 Rockledge Drive Seffern, NY	$500 fine
Respondent demonstrated untrustworthiness by failing to disclose on his Application for Independent Adjuster’s License that he had been convicted in a criminal action.

LICENSEE	ADDRESS	PENALTY
Kim Millman (Agent)	21 Chambers Drive PO Box 518 Baldwin Place, NY	$500 fine
Respondent demonstrated untrustworthiness by failing to disclose on original application that she had been adjudged a bankrupt.

LICENSEE	ADDRESS	PENALTY
John G Augustine (Agent)	16514 Stoneridge San Antonio, TX	$500 fine
Respondent violated the Insurance Law by failing to disclose on his Application for Agent’s License that he had been ordered to pay $5,000 administrative penalty to the Texas Commissioner of Insurance.

LICENSEE	ADDRESS	PENALTY
Blumberg Associates Worldwide, Inc. (Agent) and Arthur L. Blumberg (Sublicensee and Agent)	433 South Main Street, Ste. 328 West Hartford, CT 30 Forest Hills Drive West Hartford, CT	$500 fine
Respondents violated the Insurance Law by failing to disclose on their Application for Agent’s License Corporation Form, that Blumberg Associates had been charged with irregularities in money which was resulted in its conviction of delivering a false return to the Internal Revenue Service.

LICENSEE	ADDRESS	PENALTY
Tye M. Elliot (Agent)	1302 Butternut CT Metamora, IL	$500 fine
Respondent demonstrated untrustworthiness by failing to disclose on his license application that he had been disciplined by the States of Illinois and Wisconsin.

LICENSEE	ADDRESS	PENALTY
James D. Onaro (Broker)	116 John Robert Thomas Drive Exton, PA	$2,500 fine
Respondent failed to disclose on his broker’s renewal application he failed to disclose that he had been previously fined by the New Jersey Department of Insurance.

LICENSEE	ADDRESS	PENALTY
Dirk T. Peterson (Broker)	873 Sheenan Avenue Glen Ellyn, IL	$500 fine
Respondent demonstrated untrustworthiness by failing to disclose on his Application for a Broker’s License that the Iowa’s Insurance Division suspended his Iowa insurance agent license and fined him $100.

LICENSEE	ADDRESS	PENALTY
Rental Industry Services, Inc. (Broker) and James P. Bankson (Broker and Sublicensee)	1000 Adams Avenue Ste. 2000 Trooper, Pa 3816 Diamante San Clemente, CA	$500 fine
Respondent demonstrated untrustworthiness by failing to disclose on its Corporation Renewal Application for Property & Casualty Broker License that the license to transact the business of insurance as an insurance agent was revoked by the Commonwealth of Virginia, State Corporation Commission.

LICENSEE	ADDRESS	PENALTY
Michael A. Sileo (Agent)	266A Beech Ridge Rd Scarborough, ME	$1,000 fine
Respondent demonstrated untrustworthiness by failing to disclose on his original application for an agent’s license that he had been adjudged a bankrupt.

LICENSEE	ADDRESS	PENALTY
Carl A. Simonie (Broker)	12523 Bradshaw Street Overland Park, KS	$500 fine
Respondent demonstrated untrustworthiness by failing to disclose on his original application for a Life Broker License that the State of South Dakota Department of Commerce and Regulation had denied his application for licensure as an insurance agent.

LICENSEE	ADDRESS	PENALTY
Luis G. Tamayo (Agent)	11-R St Marc Circle South Windsor, CT	$500 fine
Respondent demonstrated untrustworthiness by failing to disclose on his original license application that his producer license was revoked by Illinois for failing to respond to several inquiries concerning his continuing education obligations.