V - - b V. J %i3;}%?l é RlDA. Izquierdo (the Respondent ), License #A128576, shall conclude the administrative proceeding

Transcription

1 V CHIEF FINANCIAL OFFICER ~ APR ER J %i3;}%?l é RlDA b V V - - IN THE MATTER OF: DELIA MARGARITA IZQUIERDO / CASE NO.: AG CONSENT ORDER THIS CAUSE came on for consideration and?nal agency action. Upon consideration of the record, including the Settlement Stipulation for Consent Order dated March 12, 2015, and being otherwise fully advised in the premises, the Chief Financial Of?cer?nds: 1. The Chief Financial Officer, as agency head of the Florida Department of Financial Services (the Department ), has jurisdiction over the subject matter of this case and the parties. 2. The entry of this Consent Order and compliance herewith by Delia Margarita Izquierdo (the Respondent ), License #A128576, shall conclude the administrative proceeding of Case No AG before the Department. IT IS THEREFORE ORDERED: (a) The Settlement Stipulation for Consent Order dated March 12, 2015, and attached hereto as Exhibit A, is hereby approved and fully incorporated herein by reference. (b) The Respondent s licenses and eligibility for licensure and appointments shall be suspended for a period of six (6) months pursuant to section (1), Florida

2 Statutes. The Respondent shall return to the Department of Financial Services, Bureau of Licensing, 200 East Gaines Street, Tallahassee, Florida , within ten (10) calendar days of the issuance of this Consent Order, all licenses issued to the Respondent pursuant to the Florida Insurance Code. (c) During the period of suspension of the licenses or appointments, and until the license is reinstated, the Respondent shall not engage in or attempt or profess to engage in any transaction or business for which a license or appointment is required under this code or directly or indirectly own, control, or be employed in any manner by any insurance agent or agency or adjuster or adjusting?rm. (d) The Respondent shall, at the end of the applicable period of suspension, be entitled to file an application for reinstatementof licensure. However, the Respondent s licenses shall not be reinstated if the Department finds that the circumstance or circumstances for which the licenses were suspended still exist or are likely to recur, or if the Respondent is not otherwise eligible for licensure. (e) The Respondent shall cease the practice of submitting any insurance documents or applications without the knowledge, consent or true signature of the insured. (f) The Respondent shall remit all premiums collected in the normal course of business to the proper parties and shall maintain complete records of all policy transactions. (g) If the Department has good cause to believe that the Respondent has violated any condition of this Consent Order, then the Respondent authorizes the Department to seek the immediate enforcement of the order in the Circuit Court of the Second Judicial Circuit, in and for Leon County, in Tallahassee, Florida. If such an enforcement order is granted, then the

3 Respondent agrees that she shall be liable to the Department for all reasonable costs and attorneys fees expended in the enforcement action. (h) Any person who knowingly transacts insurance or otherwise engafes in insurance activities in this state without a license, or while the license is suspended or revoked, commits a felony of the third degree. l" / \( DONE and ORDERED this 3 day of Agra, Gregory Thomas Director, Agent & Agency Services

4 Copies Furnished To: Delia Margarita lzquierdo 325 Southwest Le Jeune Road, 3rd Floor Miami, Florida Gabriel M. Sanchez, Esquire Attorney for the Respondent 7245 Southwest 87th Avenue, Suite 400 Miami, Florida Greg Thomas, Director Division of Agent & Agency Services 200 East Gaines Street Tallahassee, Florida Complaint & Settlement Division of Legal Services 200 East Gaines Street Tallahassee, Florida

5 CHIEF FINANCIALOFFICER JEFFATWATER S'I1ATEOPF[ORIDA IN THE MATTER OF: Case No: I5 /46E DELLAMARGARITAZQUIERDO/ SETTLEMENT STIPULATION FQRCQNSENTORDER IT IS HEREBY AGREED and STIPULATEDby and between Delia Margarita Izquierdo (the Respondent ) and the State of Florida, Department of Financial Services (the Department ), that: 1. The Respondentis currently licensed as a Life, Health and Variable Annuity, a Life and Health Agent, a General Lines Agent, a Health Agent, and a Life Agent. At all times relevant to the dates and occurrences referred to herein, the Respondentwas so licensed in this state. 2. Pursuant to chapter 626, Florida Statutes, the Department hasjurisdiction over the Respondent's lioensure and eligibility for licensure and appointment in this state and the subject matter of this proceeding. 3. The Departmentconductedan investigationof the Respondentin her capacityas a licensee. As a result thereof, the Department alleges that the Respondentfailed to forward premium and applicationstimely to an insurer resulting in gaps in coverage, submitted an EXHIBIT % Q

6 I applicationfor property insurance without the knowledge, consent or true signature of the insured, unlawfully diverted premiummonies, and failed to maintain completerecordsin her office. In order to avoid formal litigationof this matter, the Respondenthas determinedthat it is in her best interests to enter into this Settlement Stipulation for Consent Order. 4. The Respondentvoluntarily waives the right to a hearing in this matter and voluntarilyenters into this SettlementStipulationfor Consent Order. 5. The Respondent voluntarily waives receipt of an administrativecomplaint pursuant to section (5), Florida Statutes, or any notice or charges other than this Settlement Stipulationfor Consent Order. 6. By entering into this SettlementStipulation for Consent Order andby the?ling of a Consent Order in this case, the Respondentand the Department intend to and do resolve all issues pertaining to the license disciplinary administrativepenaltiesto be imposed against the Respondentbasedon the allegationsin paragraph3 above. 7. No party will appealthis SettlementStipulationfor Consent Order or the Consent Order to be issued in this case, and the parties speci?cally waive notice of the right to appeal as required by section (l), Florida Statutes. 8. This document is a public record and contains informationwhich is routinely publishedby the Department. 9. Each party to this proceeding shall bear its own costs and attorneys fees, unless otherwise providedherein. l0. This Settlement Stipulation for Consent Order is subjectto the approval of the Chief FinancialOfficer or his designee. Upon his approval,and without further notice, the Chief FinancialOfficeror his designee may issue a Consent Order providingfor the following:

7 (a) Incorporation by reference of all the terms and conditions of this SettlementStipulationfor Consent Order. (b) The Respondent s licensesand eligibilityfor licensureand appointments shall be SUSPENDED for a period of six (6) months pursuant to section (l), Florida Statutes. The Respondent shall return to the Department of Financial Services, Bureau of Licensing, 200 East Gaines Street, Tallahassee, Florida , within ten (10) calendar days of the issuance of this Consent Order,all licensesissued to the Respondent pursuant to the Florida Insurance Code. (c) During the period of suspension of the licenses or appointments, the Respondent shall not engage in or attempt or profess to engage in any transaction or businessfor which a license or appointment is required under this code or directly or indirectly own, control, or be employed in any manner by any insuranceagent or agency or adjuster or adjusting?rm until the license is reinstated or, if revoked, a new licenseis issued. (d) The Respondentshall, at the end of the applicableperiodof suspension,be entitledto?le an applicationfor reinstatementof licensure. However, the Respondent s licenses shall not be reinstated if the Department?nds that the circumstance or circumstances for which the licenses were suspended still exist or are likely to recur, or if the Respondentis not otherwise eligible for licensure. (e) The Respondent shall cease the practice of submitting any insurance documentsor applicationswithout the knowledge,consent or true signature of the insured. (i) The Respondentshall remit all premiumscollectedin the normal courseof business to the proper parties and shallmaintaincompleterecordsof all policytransactions. (g) If the Department has good cause to believe that the Respondent has violatedany condition of this Consent Order, then the Respondentauthorizesthe Department to

8 seekthe immediateenforcementof the orderin the CircuitCourt of the SecondJudicialCircuit, in and for Leon County, in Tallahassee, Florida. If such an enforcementorder is granted,then the Respondentagrees that she shallbe liableto the Departmentfor all reasonablecosts and attorneys fees expendedin the enforcementaction. (h) Any person who knowingly transacts insurance or otherwiseengages in insurance activitiesin this state withouta license, or whilethe license is suspendedor revoked, commitsa felony of the thirddegree. 12. The Respondent certi?es that the address and address below the Respondent signature are validaddresses. 13. The Respondentagrees that the ConsentOrdermay be sent to the Respondentvia the addressbelow the Respondent ssignature. DATEDand SIGNEDthis /7* day of Q2 Q1245,2o I 5.. zg,mt, -\ DeliaMargaritaIzquiado 23 Southwest Le Jeune Road, 3rd Floor Mlaml Flonda IZQUIERDO_DELIA@YAHOO.COM Gabriel M. Sanchez Esq 7245 Southwest 37 Avenue, Suite 400 Miami, Florida GABRIEL@T}-IESANCHEZGROUP.COM Attorney for the Respondent Barry K. Lanier, FLMI, CLU Bureau Chief Divisionof Agent & Agency Services Bureau of Investigation 200 East Games Street Tallahassee, Florida