New York State
Insurance Department


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.

INSURANCE COMPANIES

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.

 

AGENTS AND BROKERS HEARINGS

Region: Albany

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.

 

Region: New York

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.

 

Region: Suffolk County

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.

 

Region: Syracuse

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.

 

Region: Westchester County

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.

 

AGENTS AND BROKERS STIPULATIONS

Region: Binghamton

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.

 

Region: Buffalo

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.

 

Region: Nassau

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.

 

Region: New York City

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.

 

Region: Suffolk

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.

 

Region: Westchester

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.

 

Region: Out of State

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.

 


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